federal government of somalia - hiiraan 07 21 updated...section ix - special conditions of contract...

FEDERAL GOVERNMENT OF

SOMALIA

STANDARD BIDDING DOCUMENTS

(Open International Competitive Bidding)

(Re-advertisement)

REQUEST FOR BIDS

GOODS

Supply and Delivery of Vehicles to the Ministry

of Education, Culture & Higher Education

Issuing Date: 21 July, 2019

i

Standard Procurement Document

Summary

PART 1 – BIDDING PROCEDURES

Section I - Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their Bids. It is based

on a one-envelope Bidding process. Information is also provided on the

submission, opening, and evaluation of Bids and on the award of Contracts.

Section I contains provisions that are to be used without modification.

Section II - Bid Data Sheet (BDS)

This Section includes provisions that are specific to each procurement and that

supplement Section I, Instructions to Bidders.

Section III - Evaluation and Qualification Criteria

This Section specifies the criteria to determine the Lowest Evaluated Bid. The

Lowest Evaluated Bid is the Bid of the Bidder that meets the qualification criteria

and whose Bid has been determined to be:

(a) substantially responsive to the bidding document, and

(b) the lowest evaluated cost.

Section IV - Bidding Forms

This Section includes the forms for the Bid submission, Price Schedules, Bid

Security, and the Manufacturer’s Authorization to be completed and submitted

by the Bidder as part of its Bid.

Section V - Eligible Countries

ii

This Section contains information regarding eligible countries.

Section VI - Fraud and Corruption

This section includes the fraud and corruption provisions which apply to this

Bidding process.

PART 2 – SUPPLY REQUIREMENTS

Section VII - Schedule of Requirements

This Section includes the List of Goods and Related Services, the Delivery

and Completion Schedules, the Technical Specifications and the Drawings

that describe the Goods and Related Services to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII - General Conditions of Contract (GCC)

This Section includes the general clauses to be applied in all contracts. The text

of the clauses in this Section shall not be modified.

Section IX - Special Conditions of Contract (SCC)

This Section consists of Contract Data and Specific Provisions which contains

clauses specific to each contract. The contents of this Section modify or

supplement, but not over-write, the General Conditions and shall be prepared

by the Procuring Entity.

Section X - Contract Forms

This Section contains forms which, once completed, will form part of the

Contract. The forms for Performance Security and Advance Payment

Security, when required, shall only be completed by the successful Bidder after

contract award.

iii

Request for Bids

Goods

Ministry of Education, Federal Government of

Somalia

(Re-advertisement)

Procurement of:

Supply and Delivery of Vehicles to the

Ministry of Education, Culture & Higher

Education

Request for Bids No: FGS/MOF/ICB/2019/0025

Procuring Entity: Ministry of Education, Culture & Higher Education, Federal

Government of Somalia

Issued on: 21 July, 2019

iv

TABLE OF CONTENTS

PART 1 – BIDDING PROCEDURES................................................................................... v

Section I - Instructions to Bidders ........................................................................................... vi

Section II - Bid Data Sheet (BDS) ...........................................................................................35

Section III - Evaluation and Qualification Criteria ..................................................................40

Section IV - Bidding Forms .....................................................................................................44

Section V - Eligible Countries .................................................................................................54

Section VI - Fraud and Corruption ..........................................................................................55

PART 2 – SUPPLY REQUIREMENTS ............................................................................. 57

Section VII - Schedule of Requirements .................................................................................59

PART 3 - CONTRACT ........................................................................................................ 68

Section VIII. General Conditions of Contract ........................................................................71

Section IX. Special Conditions of Contract ............................................................................97

Section X - Contract Forms ...................................................................................................103

v

PART 1 – BIDDING PROCEDURES

Section I - Instructions to Bidders vi

Section I - Instructions to Bidders

Contents

A. General ............................................................................................................................... 1

1. Scope of Bid ...................................................................................................................1

2. Source of Funds .............................................................................................................1

3. Fraud and Corruption .....................................................................................................1

4. Eligible Bidders .............................................................................................................2

5. Eligible Goods and Related Services .............................................................................5

B. Contents of Request for Bids Document ......................................................................... 5

6. Sections of Bidding Document ......................................................................................5

7. Clarification of Bidding Document ...............................................................................7

8. Amendment of Bidding Document ................................................................................7

C. Preparation of Bids ........................................................................................................... 8

9. Cost of Bidding ..............................................................................................................8

10. Language of Bid .............................................................................................................8

11. Documents Comprising the Bid .....................................................................................8

12. Letter of Bid and Price Schedules ..................................................................................9

13. Alternative Bids .............................................................................................................9

14. Bid Prices and Discounts .............................................................................................10

15. Currencies of Bid and Payment ...................................................................................13

16. Documents Establishing the Eligibility and Conformity of the Goods and Related

Services ........................................................................................................................14

17. Documents Establishing the Eligibility and Qualifications of the Bidder ...................15

18. Period of Validity of Bids ............................................................................................15

19. Bid Security .................................................................................................................16

20. Format and Signing of Bid ...........................................................................................18

D. Submission and Opening of Bids ................................................................................... 19

Section I - Instructions to Bidders vii

21. Sealing and Marking of Bids .......................................................................................19

22. Deadline for Submission of Bids .................................................................................20

23. Late Bids ......................................................................................................................20

24. Withdrawal, Substitution, and Modification of Bids ...................................................20

25. Bid Opening .................................................................................................................21

E. Evaluation and Comparison of Bids ............................................................................. 23

26. Confidentiality .............................................................................................................23

27. Clarification of Bids .....................................................................................................23

28. Deviations, Reservations, and Omissions ....................................................................24

29. Determination of Responsiveness ................................................................................24

30. Nonconformities, Errors and Omissions ......................................................................25

31. Correction of Arithmetical Errors ................................................................................26

32. Conversion to Single Currency ....................................................................................26

33. Margin of Preference ...................................................................................................26

34. Evaluation of Bids........................................................................................................27

35. Comparison of Bids .....................................................................................................29

36. Abnormally Low Bids..................................................................................................29

37. Qualification of the Bidder ..........................................................................................30

38. PE’s Right to Accept Any Bid, and to Reject Any or All Bids ...................................30

39. Standstill Period ...........................................................................................................30

40. Notice of Intention to Award .......................................................................................31

F. Award of Contract .......................................................................................................... 31

41. Award Criteria .............................................................................................................31

42. PE’s Right to Vary Quantities at Time of Award ........................................................31

43. Notification of Award ..................................................................................................32

44. Debriefing by the PE ....................................................................................................33

45. Signing of Contract ......................................................................................................33

46. Performance Security ...................................................................................................33

47. Procurement Related Complaint ..................................................................................34

Section I - Instructions to Bidders viii

Section I – Instructions to Bidders 1

Section I. Instructions to Bidders

A. General

1. Scope of Bid 1.1 The Procuring Entity (“PE”), as specified in the BDS, issues

this bidding document for the supply of Goods as specified

in Section VII, Schedule of Requirements. The name,

identification and number of lots (contracts) of this RFB are

specified in the BDS.

1.2 Throughout this bidding document:

(a) the term “in writing” means communicated in

written form (e.g. by mail, e-mail, fax, including if

specified in the BDS, distributed or received

through the electronic-procurement system used by

the PE) with proof of receipt

(b) “Day” means calendar day.

2. Source of Funds 2.1 The Procuring Entity named in the Bid Data Sheet has

budgeted for the cost of the contract described in the Bid

Data Sheet, and it intends to apply budget to payments

under the contract described in the Bid Data Sheet.

3. Fraud and

Corruption

3.1 The FGS requires compliance with the Public

Procurement Concessions and Disposal Act (“PPCDA”)

Anti-Corruption Guidelines and its prevailing sanctions

policies and procedures as set forth in Section VI of the

bidding documents.

3.2 In further pursuance of this policy, bidders shall permit

and shall cause its agents (where declared or not),

Section I - Instructions to Bidders 2

subcontractors, sub consultants, service providers,

suppliers, and their personnel, to permit the FGS to inspect

all accounts, records and other documents relating to any

prequalification process, bid submission, and contract

performance (in the case of award), and to have them

audited by auditors appointed by the FGS.

4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a state-owned

enterprise or institution subject to ITB 4.4, or any

combination of such entities in the form of a joint venture

(JV) under an existing agreement or with the intent to enter

into such an agreement supported by a letter of intent. In the

case of a joint venture, all members shall be jointly and

severally liable for the execution of the entire Contract in

accordance with the Contract terms. The JV shall nominate

a Representative who shall have the authority to conduct all

business for and on behalf of any and all the members of the

JV during the Bidding process and, in the event the JV is

awarded the Contract, during contract execution. Unless

specified in the BDS, there is no limit on the number of

members in a JV.

4.2 A Bidder shall not have a conflict of interest. Any Bidder

found to have a conflict of interest shall be disqualified. A

Bidder may be considered to have a conflict of interest for

the purpose of this Bidding process, if the Bidder:

(a) directly or indirectly controls, is controlled by or is

under common control with another Bidder; or

(b) receives or has received any direct or indirect

subsidy from another Bidder; or


(c) has the same legal representative as another Bidder;

or

(d) has a relationship with another Bidder, directly or

through common third parties, that puts it in a

position to influence the Bid of another Bidder, or

influence the decisions of the PA or the PE regarding

this Bidding process; or

(e) any of its affiliates participated as a consultant in the

preparation of the design or technical specifications

of the works that are the subject of the Bid; or

(f) any of its affiliates has been hired (or is proposed to

be hired) by the PE for the Contract implementation;

or

(g) would be providing goods, works, or non-consulting

services resulting from or directly related to

consulting services for the preparation or

implementation of the activity specified in the BDS

ITB 1.1 that it provided or were provided by any

affiliate that directly or indirectly controls, is

controlled by, or is under common control with that

firm; or

(h) Has a business or family relationship with a staff

member of the Procuring Entity who is directly or

indirectly involved in the preparation of the

specifications of the contract, or the selection

process for or supervision of such contract, shall not

be hired for such a contract.

4.3 A firm that is a Bidder (either individually or as a JV

member) shall not participate in more than one Bid. This

includes participation as a subcontractor. Such participation


shall result in the disqualification of all Bids in which the

firm is involved. A firm that is not a Bidder or a JV member,

may participate as a subcontractor in more than one Bid.

4.4 A Bidder that has been sanctioned by the FGS pursuant to

the PPCDA and shall be ineligible to be prequalified for, bid

for, or be awarded a FGS financed contract or benefit from

a FGS-financed contract, financially or otherwise, during

such period of time as the FGS shall have determined. The

list of debarred firms and individuals is available at the

electronic address specified in the BDS.

4.5 Bidders that are state-owned enterprises or institutions in the

FGS may be eligible to compete and be awarded a

Contract(s) only if they can establish, in a manner

acceptable to the PE, that they (i) are legally and financially

autonomous (ii) operate under commercial law, and (iii) are

not under supervision of the PE.

4.6 A Bidder may have the nationality of any country, subject

to the restrictions pursuant to country laws. A Bidder shall

be deemed to have the nationality of a country if the Bidder

is constituted, incorporated or registered in and operates in

conformity with the provisions of the laws of that country,

as evidenced by its articles of incorporation (or equivalent

documents of constitution or association) and its registration

documents, as the case may be.

4.7 A Bidder shall not be under suspension from Bidding by the

FGS as the result of the operation of a Bid–Securing

Declaration.


4.8 A Bidder shall provide such documentary evidence of

eligibility satisfactory to the PA, as the PA shall reasonably

request.

5. Eligible Goods

and Related

Services

5.1 All the Goods and Related Services to be supplied under

the Contract shall have their origin in eligible source

countries.

5.2 For purposes of this ITB, the term “goods” includes

commodities, raw materials, machinery, equipment and

industrial plants, and “related services” includes services

such as insurance, installation, training and initial

maintenance.

5.3 The term “origin” means the country where the goods

have been mined, grown, cultivated, produced,

manufactured or processed; or, through manufacture,

processing, or assembly, another commercially

recognized article results that differs substantially in its

basic characteristics from its components.

B. Contents of Request for Bids Document

6. Sections of

Bidding

Document

6.1 The bidding document consist of Parts 1, 2, and 3, which

include all the sections indicated below, and should be

read in conjunction with any Addenda issued in

accordance with ITB 8.

PART 1 Bidding Procedures

Section I - Instructions to Bidders (ITB)

Section II - Bidding Data Sheet (BDS)


Section III - Evaluation and Qualification

Criteria




PART 2 Supply Requirements


PART 3 Contract

Section VIII - General Conditions of Contract

(GCC)

Section IX - Special Conditions of Contract (SCC)


6.2 The Specific Procurement Notice, Request for Bids

(RFB), issued by the PA is not part of this bidding

document.

6.3 Unless obtained directly from the Ministry of Finance,

which is acting as the PA on behalf of the PE, the PE is

not responsible for the completeness of the document,

responses to requests for clarification, the Minutes of the

pre-Bid meeting (if any), or Addenda to the bidding

document in accordance with ITB 8. In case of any

contradiction, documents obtained directly from the PA

shall prevail.

6.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the bidding document and to

furnish with its Bid all information or documentation as

is required by the bidding document.


7. Clarification of

Bidding

Document

7.1 A bidder may request a clarification from the Procuring

Agent (PA), specified in the BDS, provided that the

request is (i) made in writing and (ii) received prior to the

deadline for submission of Bids within a period and

address specified in the BDS. The PA shall respond to all

bidders who have acquired the bidding document

including a description of the inquiry but without

identifying its source. The PA shall also promptly publish

its response at its web page. Should the clarification result

in changes to the essential elements of the Bidding

Documents, the PA shall amend the Bidding Documents

by issuing an addendum following the procedure under

ITB 8 and ITB 22.2.

8. Amendment of

Bidding

Document

8.1 At any time prior to the deadline for submission of bids,

the PA, for any reason, whether at its own initiative or in

response to a clarification requested by a prospective

bidder, may amend the bid documents by issuing an

addenda.

8.2 Any addendum issued shall be part of the Bidding

Documents and shall be communicated in writing to all

who have obtained the Bidding Documents from the PA.

The PA shall also promptly publish the addendum on its

web page.

8.3 To give prospective Bidders reasonable time in which to

take an addendum into account in preparing their bids, the

PA may, at its discretion, extend the deadline for the

submission of bids.


C. Preparation of Bids

9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the

preparation and submission of its Bid, and the PA and PE

shall not be responsible or liable for those costs,

regardless of the conduct or outcome of the Bidding

process.

10. Language of Bid 10.1 The Bid, as well as all correspondence and documents

relating to the Bid exchanged by the Bidder and the PA

and the PE, shall be written in the language specified in

the BDS. Supporting documents and printed literature

that are part of the Bid may be in another language

provided they are accompanied by an accurate translation

of the relevant passages into the language specified in the

BDS, in which case, for purposes of interpretation of the

Bid, such translation shall govern.

11. Documents

Comprising the

Bid

11.1 The Bid shall comprise the following documents prepared

in the format provided in Section IV of this bidding

document:

(a) Letter of Bid;

(b) Bidder Information Form;

(c) Price Schedule;

(d) Bid-Securing Declaration;

(e) Authorization: Written confirmation authorizing

the signatory of the Bid to commit the Bidder;

(f) Bidder’s Eligibility: Documentary evidence

establishing the Bidder’s eligibility to bid;

(g) Eligibility of Goods and Related Services:

Documentary evidence establishing the eligibility


of the Goods and Related Services to be supplied by

the Bidder;

(h) Conformity: Documentary evidence that the

Goods and Related Services conform to the bidding

document; and

(i) Qualifications: Documentary evidence

establishing the Bidder’s qualifications to perform

the Contract if its Bid is accepted;

(j) any other document required in the BDS.

11.2 In addition to the requirements under ITB 11.1, Bids

submitted by a JV shall include a copy of the Joint

Venture Agreement entered into by all members.

Alternatively, a letter of intent to execute a Joint Venture

Agreement in the event of a successful Bid shall be signed

by all members and submitted with the Bid, together with

a copy of the proposed Agreement.

11.3 The Bidder shall furnish in the Letter of Bid information on

commissions and gratuities, if any, paid or to be paid to

agents or any other party relating to this Bid.

12. Letter of Bid and

Price Schedules

12.1. The Letter of Bid and Price Schedules shall be prepared

using the relevant forms furnished in Section IV of the

Bidding Documents. The forms must be completed

without any alterations to the text, and no substitutes shall

be accepted except as provided under ITB 20.3. All blank

spaces shall be filled in with the information requested.

13. Alternative Bids 13.1. Alternative Bids shall not be considered.


14. Bid Prices and

Discounts

14.1 The prices and discounts quoted by the Bidder in the Letter

of Bid and in the Price Schedules shall conform to the

requirements specified below:

14.2 All lots (contracts) and items must be listed and priced

separately in the Price Schedules.

14.3 The price to be quoted in the Letter of Bid in accordance

with ITB 12.1 shall be the total price of the Bid, excluding

any discounts offered.

14.4 The Bidder shall quote any discounts and indicate the

methodology for their application in the Letter of Bid, in

accordance with ITB 12.1.

14.5 Prices quoted by the Bidder shall be fixed during the

Bidder’s performance of the Contract and not subject to

variation on any account, unless otherwise specified in

the BDS. A Bid submitted with an adjustable price

quotation shall be treated as nonresponsive and shall be

rejected, pursuant to ITB 29. However, if in accordance

with the BDS, prices quoted by the Bidder shall be

subject to adjustment during the performance of the

Contract, a Bid submitted with a fixed price quotation

shall not be rejected, but the price adjustment shall be

treated as zero

14.6 If so specified in ITB 1.1, Bids are being invited for

individual lots (contracts) or for any combination of lots

(packages). Unless otherwise specified in the BDS,

prices quoted shall correspond to 100 % of the items

specified for each lot and to 100% of the quantities

specified for each item of a lot.


14.7 The terms EXW, CIP and other similar terms shall be

governed by the rules prescribed in the current edition of

Incoterms, published by the International Chamber of

Commerce, as specified in the BDS.

14.8 Prices shall be quoted as specified in each Price Schedule

included in Section IV, Bidding Forms. The

disaggregation of price components is required solely for

the purpose of facilitating the comparison of Bids by the

PE. This shall not in any way limit the PE’s right to

contract on any of the terms offered. In quoting prices, the

Bidder shall be free to use transportation through carriers

registered in any eligible country, in accordance with

Section V, Eligible Countries. Similarly, the Bidder may

obtain insurance services from any eligible country in

accordance with Section V, Eligible Countries. Prices

shall be entered in the following manner:

(a) For Goods manufactured in the FGS:

(i) the price of the Goods quoted EXW (ex-

works, ex-factory, ex warehouse, ex

showroom, or off-the-shelf, as applicable),

including all customs duties and sales and

other taxes already paid or payable on the

components and raw material used in the

manufacture or assembly of the Goods;

(ii) any FGS sales tax and other taxes which will

be payable on the Goods if the Contract is

awarded to the Bidder; and

(iii) the price for inland transportation, insurance,

and other local services required to convey the


Goods to their final destination (Project Site)


(b) For Goods manufactured outside the FGS, to be

imported:

(i) the price of the Goods, quoted CIP named

place of destination, in the FGS, as specified

in the BDS;

(ii) the price for inland transportation, insurance,


Goods from the named place of destination to

their final destination (Project Site) specified

in the BDS;

(c) For Goods manufactured outside the FGS, already

imported:

(i) the price of the Goods, including the original

import value of the Goods; plus any mark-up

(or rebate); plus any other related local cost,

and custom duties and other import taxes

already paid or to be paid on the Goods already

imported;

(ii) the custom duties and other import taxes

already paid (need to be supported with

documentary evidence) or to be paid on the

Goods already imported;

(iii) the price of the Goods, obtained as the

difference between (i) and (ii) above;


(iv) any FGS sales and other taxes which will be

payable on the Goods if the Contract is

awarded to the Bidder; and

(v) the price for inland transportation, insurance,


Goods from the named place of destination to

their final destination (Project Site) specified

in the BDS.

(d) for Related Services, other than inland

transportation and other services required to convey

the Goods to their final destination, whenever such

Related Services are specified in the Schedule of

Requirements, the price of each item comprising the

Related Services (inclusive of any applicable taxes).

15. Currencies of

Bid and

Payment

15.1 The currency (ies) of the Bid and the currency (ies) of

payments shall be the same. The Bidder shall quote in the

currency of the FGS the portion of the Bid price that

corresponds to expenditures incurred in Somali Shillings,

unless otherwise specified in the BDS.

15.2 The Bidder may express the Bid price in any currency. If

the Bidder wishes to be paid in a combination of amounts

in different currencies, it may quote its price accordingly

but shall use no more than three foreign currencies in

addition to Somali Shillings.


16. Documents

Establishing the

Eligibility and

Conformity of

the Goods and

Related Services

16.1 To establish the eligibility of the Goods and Related

Services, Bidders shall complete the country of origin

declarations in the Price Schedule Forms, included in

Section IV, Bidding Forms.

16.2 To establish the conformity of the Goods and Related

Services to the bidding document, the Bidder shall furnish

as part of its Bid the documentary evidence that the Goods

conform to the technical specifications and standards

specified in Section VII, Schedule of Requirements.

16.3 The documentary evidence may be in the form of

literature, drawings or data, and shall consist of a detailed

item by item description of the essential technical and

performance characteristics of the Goods and Related

Services, demonstrating substantial responsiveness of the

Goods and Related Services to the technical specification,

and if applicable, a statement of deviations and

exceptions to the provisions of the Section VII, Schedule

of Requirements.

16.4 The Bidder shall also furnish a list giving full particulars,

including available sources and current prices of spare

parts, special tools, etc., necessary for the proper and

continuing functioning of the Goods during the period

specified in the BDS following commencement of the

use of the goods by the PE.

16.5 The Bidder may offer other standards of quality, brand

names, and/or catalogue numbers, provided that it

demonstrates, to the PE’s satisfaction, that the

substitutions ensure substantial equivalence or are


superior to those specified in the Section VII, Schedule of

Requirements.

17. Documents

Establishing the

Eligibility and

Qualifications of

the Bidder

17.1 The bidder shall furnish, as part of its bid, documents

establishing the bidder’s eligibility to bid and its

qualifications to perform the contract if its bid is

accepted.

17.2 The documentary evidence of the Bidder’s qualifications

to perform the Contract if its Bid is accepted shall

establish to the PE’s satisfaction:

(a) that, if required in the BDS, a Bidder that does not

manufacture or produce the Goods it offers to supply

shall submit the Manufacturer’s Authorization using

the form included in Section IV, Bidding Forms to

demonstrate that it has been duly authorized by the

manufacturer or producer of the Goods to supply

these Goods in FGS;

(b) that, if required in the BDS, in case of a Bidder not

doing business within the FGS, the Bidder is or will

be (if awarded the Contract) represented by an

Agent in the country equipped and able to carry out

the Supplier’s maintenance, repair and spare parts-

stocking obligations prescribed in the Conditions of

Contract and/or Technical Specifications; and

(c) that the Bidder meets each of the qualification

criterion specified in Section III, Evaluation and

Qualification Criteria.

18. Period of

Validity of Bids

18.1. Bids shall remain valid for the Bid Validity period

specified in the BDS. The Bid Validity period starts from

the date fixed for the Bid submission deadline (as


prescribed by the PA in accordance with ITB 22.1). A bid

valid for a shorter period shall be rejected by the PA as

nonresponsive.

18.2. The PA may request bidders to extend the period of

validity of their bids. The request and the responses shall

be made in writing.

19. Bid Security 19.1. The Bidder shall furnish as part of its Bid, either a Bid-

Securing Declaration or a Bid Security, as specified in the

BDS, in original form and, in the case of a Bid Security,

in the amount and currency specified in the BDS.

19.2. A Bid Securing Declaration shall use the form included

in Section IV, Bidding Forms.

19.3. If a Bid Security is specified pursuant to ITB 19.1, the Bid

Security shall be a demand guarantee in any of the

following forms at the Bidder’s option:

(a) an unconditional guarantee issued by a bank or non-

bank financial institution (such as an insurance,

bonding or surety company);

(b) an irrevocable letter of credit;

(c) a cashier’s or certified check; or

(d) another security specified in the BDS,

from a reputable source, and an eligible country. If an

unconditional guarantee is issued by a non-bank financial

institution located outside the FGS, the issuing non-bank

financial institution shall have a correspondent financial


institution located in the FGS to make it enforceable unless

the PA has agreed in writing, prior to Bid submission, that a

correspondent financial institution is not required. In the

case of a bank guarantee, the Bid Security shall be submitted

either using the Bid Security Form included in Section IV,

Bidding Forms, or in another substantially similar format

approved by the PA prior to Bid submission. The Bid

Security shall be valid for twenty-eight (28) days beyond the

original validity period of the Bid, or beyond any period of

extension if requested under ITB 18.2.

19.4. If a Bid Security is specified pursuant to ITB 19.1, any

Bid not accompanied by a substantially responsive Bid

Security shall be rejected by the PA as non-responsive.

19.5. If a Bid Security is specified pursuant to ITB 19.1, the Bid

Security of unsuccessful Bidders shall be returned as

promptly as possible upon the successful Bidder’s signing

the Contract and furnishing the Performance Security

pursuant to ITB 46.

19.6. The Bid Security of the successful Bidder shall be

returned as promptly as possible once the successful

Bidder has signed the Contract and furnished the required

Performance Security.

19.7. The Bid Security may be forfeited or the Bid Securing

Declaration executed:

(a) if a Bidder withdraws its Bid during the period of

Bid validity specified by the Bidder in the Letter of

Bid, or any extension thereto provided by the

Bidder; or


(b) If the successful Bidder fails to:

(i) Sign the Contract in accordance with ITB 45;

or

(ii) Furnish a Performance Security in

accordance with ITB 46.

19.8. The Bid Security or Bid- Securing Declaration of a JV

must be in the name of the JV that submits the Bid. If the

JV has not been legally constituted into a legally

enforceable JV at the time of Bidding, the Bid Security or

Bid-Securing Declaration shall be in the names of all

future members as named in the letter of intent referred to

in ITB 4.1 and ITB 11.2.

19.9. If a Bid Security is not required in the BDS, pursuant to

ITB 19.1, and

(a) if a Bidder withdraws its Bid during the period of

Bid validity specified by the Bidder on the Letter of

Bid; or

(b) if the successful Bidder fails to: sign the Contract in

accordance with ITB 45; or furnish a performance

security in accordance with ITB 46;

the FGS may, if provided for in the BDS, declare the Bidder

ineligible to be awarded a contract by the PE for a period of

time as stated in the BDS.

20. Format and

Signing of Bid

20.1 The Bidder shall prepare one original of the documents

comprising the bid and clearly mark it “ORIGINAL.” In

addition, the Bidder shall submit copies of the bid, in the

number specified in the BDS and clearly mark them


“COPY.” In the event of any discrepancy between the

original and the copies, the original shall prevail.

20.2 Bidders shall mark as “CONFIDENTIAL” information in

their Bids which is confidential to their business. This may

include proprietary information, trade secrets, or

commercial or financially sensitive information

20.3 The original and all copies of the bid shall be typed or

written in indelible ink and shall be signed by a person

duly authorized to sign on behalf of the Bidder. This

authorization shall consist of a written power of attorney and

shall be attached to the bid. The name and position held by

each person signing the authorization must be typed or

printed below the signature. All pages of the bid where

entries or amendments have been made shall be signed or

initialled by the person signing the bid.

20.4 In case the Bidder is a JV, the Bid shall be signed by an

authorized representative of the JV on behalf of the JV.

20.5 Any inter-lineation, erasures, or overwriting shall be valid

only if they are signed or initialled by the person signing

the bid.

D. Submission and Opening of Bids

21. Sealing and

Marking of Bids

21.1. The Bidder shall enclose the original and all copies of the

bid in separate sealed envelopes, duly marking the

envelopes as “ORIGINAL” and “COPY.” These envelopes

containing the original and the copies shall then be enclosed

in one single envelope.

21.2. The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the PA;


(c) bear the specific identification of this bidding

process indicated in the bid; and

(d) bear a warning not to open before the time and date

for bid opening.

21.3 If all envelopes are not sealed and marked as required, the

PA will assume no responsibility for the misplacement or

premature opening of the bid.

22. Deadline for

Submission of

Bids

22.1. Bids must be received by the PA at its address and no later

than the date and time specified in the BDS. When so

specified in the BDS, bidders shall have the option of

submitting their bids electronically. Bidders submitting bids

electronically shall follow the electronic bid submission

procedures specified in the BDS.

22.2. The PA may, at its discretion, extend the deadline for the

submission of bids by amending the Bidding Documents

in accordance with ITB 8.

23. Late Bids 23.1. Any Bid received by the PA after the deadline for

submission of Bids shall be declared late, rejected, and

returned unopened to the Bidder.

24. Withdrawal,

Substitution, and

Modification of

Bids

24.1. A Bidder may withdraw, substitute, or modify its Bid

after it has been submitted by sending a written notice,

duly signed by an authorized representative, and shall

include a copy of the authorization (the power of

attorney). The corresponding substitution or modification

of the bid must accompany the respective written notice.

All notices must be:


(a) be clearly marked “WITHDRAWAL,”

“SUBSTITUTION,” or “MODIFICATION;” and

(b) Received by the PA prior to the deadline prescribed

for submission of bids.

24.2. Bids requested to be withdrawn shall be returned

unopened to the Bidders.

24.3. No bid may be withdrawn, substituted, or modified in the

interval between the deadline for submission of bids and

the expiration of the period of bid validity specified by

the Bidder on the Letter of Bid or any extension thereof.

25. Bid Opening 25.1. Except as in the cases specified in ITB 23 and ITB 24.2,

the PA shall, at the Bid opening, publicly open and read

out all Bids received by the deadline at the date, time and

place specified in the BDS in the presence of Bidders’

designated representatives and anyone who chooses to

attend. Any specific electronic bid opening procedures if

permitted, shall be as specified in the BDS.

25.2. First, envelopes marked “WITHDRAWAL” shall be opened

and read out and the envelope with the corresponding Bid

shall not be opened, but returned to the Bidder. If the

withdrawal envelope does not contain a copy of the

“power of attorney” confirming the signature as a person

duly authorized to sign on behalf of the Bidder, the

corresponding Bid will be opened. No Bid withdrawal

shall be permitted unless the corresponding withdrawal

notice contains a valid authorization to request the

withdrawal and is read out at Bid opening.


25.3. Next, envelopes marked “SUBSTITUTION” shall be opened

and read out and exchanged with the corresponding Bid

being substituted, and the substituted Bid shall not be

opened, but returned to the Bidder. No Bid substitution

shall be permitted unless the corresponding substitution

notice contains a valid authorization to request the

substitution and is read out at Bid opening.

25.4. Next, envelopes marked “MODIFICATION” shall be

opened and read out with the corresponding Bid. No Bid

modification shall be permitted unless the corresponding

modification notice contains a valid authorization to

request the modification and is read out at Bid opening.

25.5. Next, all remaining envelopes shall be opened one at a

time, reading out: the name of the Bidder and whether

there is a modification; the total Bid Prices, per lot

(contract) if applicable, including any discounts and

alternative Bids; the presence or absence of a Bid

Security, if required; and any other details as the PA may

consider appropriate.

25.6. Only Bids, alternative Bids and discounts that are opened

and read out at Bid opening shall be considered further in

the evaluation. The Letter of Bid and the Price Schedules

are to be initialled by representatives of the PA attending

Bid opening in the manner specified in the BDS.

25.7. The PA shall neither discuss the merits of any Bid nor

reject any Bid (except for late Bids, in accordance with

ITB 23.1).

25.8. The PA shall prepare a record of the Bid opening that

shall include, as a minimum:


(a) the name of the Bidder

(b) the Bid Price, per lot (contract) if applicable,

including any discounts;

(c) the presence or absence of a Bid-Securing

Declaration, if one was required.

25.9. The Bidders’ representatives who are present shall be

requested to sign the record. The omission of a Bidder’s

signature on the record shall not invalidate the contents

and effect of the record. A copy of the record shall be

distributed to all Bidders.

E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 Information relating to the evaluation of bids and

recommendation of contract award, shall not be disclosed

to bidders or any other persons not officially concerned

with the bidding process until information on Contract

Award is communication to all Bidders.

26.2 Any effort by a Bidder to influence the PA in the

evaluation or contract award decisions may result in the

rejection of its Bid.

26.3 From the time of bid opening to the time of Contract

Award, if any Bidder wishes to contact the PA on any

matter related to the bidding process, it should do so in

writing.

27. Clarification of

Bids

27.1 To assist in the examination, evaluation, comparison of

the bids, and qualification of the Bidders, the PA may, at

its discretion, ask any Bidder for a clarification of its Bid.

The request for clarification and the response shall be in

writing, and no change in the prices or substance of the bid

shall be sought, offered, or permitted, except to confirm the


correction of arithmetic errors discovered by the PA in the

Evaluation of the Bids, in accordance with ITB 31.

27.2 If a Bidder does not provide clarifications of its Bid by

the date and time set in the PA’s request for clarification,

its Bid may be rejected.

28. Deviations,

Reservations,

and Omissions

28.1 During the evaluation of Bids, the following definitions

apply:

(a) “Deviation” is a departure from the requirements

specified in the bidding document;

(b) “Reservation” is the setting of limiting conditions or

withholding from complete acceptance of the

requirements specified in the bidding document; and

(c) Omission” is the failure to submit part or all of the

information or documentation required in the bidding

document.

29. Determination of

Responsiveness

29.1 The PA’s determination of a Bid’s responsiveness is to be

based on the contents of the Bid itself, as defined in ITB

11

29.2 A substantially responsive Bid is one that meets the

requirements of the Bidding Documents without material

deviation, reservation, or omission. A material deviation,

reservation, or omission is one that:

(a) If accepted, would:

(i) Affect in any substantial way the scope, quality,

or performance of the Goods and Related

Services specified in the Contract; or

(ii) Limit in any substantial way, inconsistent with

the bidding document, the PE’s rights or the

Bidder’s obligations under the Contract; or


(b) If rectified, would unfairly affect the competitive

position of other Bidders presenting substantially

responsive Bids.

29.3 The PA shall examine the technical aspects of the bid

submitted, in particular, to confirm that all requirements as

per the Schedule of Requirements have been met without

any material deviation or reservation, or omission.

29.4 If a Bid is not substantially responsive to the requirements

of bidding document, it shall be rejected by the PA and

may not subsequently be made responsive by correction

of the material deviation, reservation, or omission.

30. Nonconformities,

Errors and

Omissions

30.1 Provided that a Bid is substantially responsive, the PA

may waive any nonconformities in the Bid.

30.2 Provided that a Bid is substantially responsive, the PA

may request that the Bidder submit the necessary

information or documentation, within a reasonable period

of time, to rectify nonmaterial nonconformities or

omissions in the Bid related to documentation

requirements. Such omission shall not be related to any

aspect of the price of the Bid. Failure of the bidder to

comply with the request may result in the rejection of the

bid.

30.3 Provided that a Bid is substantially responsive, the PA shall

rectify quantifiable nonmaterial nonconformities related to

the Bid Price. To this effect, the Bid Price shall be adjusted,

for comparison purposes only, to reflect the price of a

missing or non-conforming item or component in the

manner specified in the BDS.


31. Correction of

Arithmetical

Errors

31.1 Provided that the Bid is substantially responsive, the PA

shall correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and

the line item total that is obtained by multiplying the

unit price by the quantity, the unit price shall prevail

and the line item total shall be corrected, unless in

the opinion of the PA there is an obvious

misplacement of the decimal point in the unit price,

in which case the line item total as quoted shall

govern and the unit price shall be corrected

(b) if there is an error in a total corresponding to the

addition or subtraction of subtotals, the subtotals

shall prevail and the total shall be corrected; and

(c) if there is a discrepancy between words and figures,

the amount in words shall prevail.

31.2 Bidders shall be requested to accept correction of

arithmetical errors. Failure to accept the correction shall result

in the rejection of the Bid.

32. Conversion to

Single Currency

32.1 For evaluation and comparison purposes, the currency

(ies) of the Bid shall be converted in a single currency as


33. Margin of

Preference

33.1 Unless otherwise specified in the BDS, a margin of

preference shall not apply.


34. Evaluation of

Bids

34.1 The PA shall use the criteria and methodologies set out in

the bidding document. No other evaluation criteria or

methodologies shall be permitted. By applying the criteria

and methodologies, the PA shall determine the Most

Advantageous Bid. This is the Bid of the Bidder that

meets the qualification criteria and whose Bid has been

determined to be:

(a) substantially responsive to the bidding document;

and

(b) the lowest evaluated cost

34.2 The methodology for evaluation of bids and the selection

of the successful bidder, shall be done on the following:

(a) evaluation will be done for Items or Lots (contracts),

as specified in the BDS; and the Bid Price as quoted

in accordance with ITB 14;

(b) Price adjustment for correction of arithmetic errors in

accordance with ITB 31.1;

(c) price adjustment due to discounts offered in

accordance with ITB 14.4

(d) converting the amount resulting from applying (a) to

(c) above, if relevant, to a single currency in

accordance with ITB 32;

(e) price adjustment due to quantifiable nonmaterial

nonconformities in accordance with ITB 30.3; and

(f) The additional evaluation factors are specified in

Section III, Evaluation and Qualification Criteria.

34.3 The estimated effect of the price adjustment provisions of

the Conditions of Contract, applied over the period of

execution of the Contract, shall not be taken into account in

Bid evaluation.


34.4 If this bidding document allows Bidders to quote separate

prices for different lots (contracts), the methodology to

determine the lowest evaluated cost of the lot (contract)

combinations, including any discounts offered in the Letter

of Bid, is specified in Section III, Evaluation and

Qualification Criteria.

34.5 The PA’s evaluation of bid will exclude and not take in

to account:

(a) in the case of Goods manufactured in the Federal

Government of Somalia, sales and other similar

taxes, which will be payable on the goods if a

contract is awarded to the Bidder;

(b) in the case of Goods manufactured outside the

Federal Government of Somalia already imported

or to be imported, customs duties and other import

taxes levied on the imported Good, sales and other

similar taxes, which will be payable on the Goods if

the contract is awarded to the Bidder;

(c) Any allowance for price adjustment during the

period of execution of the contract, if provided in

the Bid.

34.6 The PA’s evaluation of a Bid may require the

consideration of other factors, in addition to the Bid Price

quoted in accordance with ITB 14. These factors may be

related to the characteristics, performance, and terms and

conditions of purchase of the Goods and Related

Services. The effect of the factors selected, if any, shall


be expressed in monetary terms to facilitate comparison

of Bids, unless otherwise specified in the BDS from

amongst those set out in Section III, Evaluation and

Qualification Criteria. The criteria and methodologies to

be used shall be as specified in ITB 34.2(f).

35. Comparison of

Bids

35.1 The PA shall compare the evaluated prices of all

substantially responsive bids to determine the lowest

evaluated bid. The comparison shall be on the basis of

CIP (place of final destination) prices for imported goods

and EXW prices, plus cost of inland transportation and

insurance to place of destination, for goods manufactured

within the FGS, together with prices for any required

installation, training, commissioning and other services.

The evaluation of prices shall not take into account

custom duties and other taxes levied on imported goods

quoted CIP and sales and similar taxes levied in

connection with the sale or delivery of goods.

36. Abnormally Low

Bids

36.1 In the event of identification of a potentially Abnormally

Low Bid, where the Bid price appears unreasonably low

to the extent that the Bid price raises material concerns

with the PE as to the capability of the Bidder to perform

the Contract for the offered Bid price, the PA shall seek

written clarification from the Bidder, including a detailed

price analyses of its Bid price in relation to the subject

matter of the contract, scope, delivery schedule,

allocation of risks and responsibilities and any other

requirements of the bidding document.


36.2 After evaluation of the price analyses, in the event that the

PA determines that the Bidder has failed to demonstrate

its capability to perform the contract for the offered Bid

price, the PA shall reject the Bid.

37. Qualification of

the Bidder

37.1 The PA shall determine, to its satisfaction, whether the

eligible Bidder that is selected as having submitted the

lowest evaluated cost and substantially responsive Bid,

meets the qualifying criteria specified in Section III,

Evaluation and Qualification Criteria.

37.2 The determination shall be based upon an examination of

the documentary evidence of the Bidder’s qualifications

submitted by the Bidder, pursuant to ITB 17.

37.3 An affirmative determination shall be a prerequisite for

award of the Contract to the Bidder. A negative

determination shall result in disqualification of the Bid,

in which event the PA shall proceed to the Bidder who

offers a substantially responsive Bid with the next lowest

evaluated cost to make a similar determination of that

Bidder’s qualifications to perform satisfactorily.

38. PE’s Right to

Accept Any Bid,

and to Reject

Any or All Bids

38.1 The PA and the PE reserve the right to accept or reject any

Bid, and to annul the Bidding process and reject all Bids

at any time prior to Contract Award, without thereby

incurring any liability to Bidders. In case of annulment, all

Bids submitted shall be promptly returned to the Bidders.

39. Standstill Period

39.1 The Contract shall be awarded not earlier than the expiry

of the Standstill Period. The duration of the Standstill

Period is specified in the BDS. Where only one Bid is

submitted, the Standstill Period shall not apply.


40. Notice of

Intention to

Award

40.1 When a Standstill Period applies, the PA shall send the

Notification of Intention to Award the Contract to the

successful Bidder. The Notification of Intention to Award

to be sent to all bidders who submitted bids shall contain,

at a minimum, the following information:

(a) the name and address of the Bidder submitting the

successful Bid;

(b) the Contract price of the successful Bid;

(c) the names of all Bidders who submitted Bids, and

their Bid prices as readout, and as evaluated;

(d) a statement of the reason(s) the Bid (of the

unsuccessful Bidder to whom the letter is

addressed) was unsuccessful, unless the price

information in c) above already reveals the reason;

(e) the expiry date of the Standstill Period

(f) instructions on how to request a debriefing and/or

submit a complaint during the standstill period.

F. Award of Contract

41. Award Criteria 41.1 The PE shall award the Contract to the Bidder whose bid

has been determined to be the lowest evaluated bid and is

substantially responsive to the Bidding Documents,

provided further that the Bidder is determined to be

qualified to perform the Contract satisfactorily.

42. PE’s Right to

Vary Quantities

at Time of

Award

42.1 The PE reserves the right at the time of contract award

to increase or decrease the quantity of goods originally

specified in the Schedule of requirements without any

change in unit price or other terms and conditions. The

margin of decrease or increase will be as specified in

the BDS.


43. Notification of

Award

43.1 Prior to the expiration of the Bid Validity Period and

upon expiry of the Standstill Period, or upon

satisfactorily addressing a complaint that has been filed

within the Standstill Period, the PE shall transmit the

Letter of Acceptance to the successful Bidder. The Letter

of Acceptance shall specify the sum that the PE will pay

the Supplier in consideration of the execution of the

Contract.

43.2 At the same time, the PE shall publish the Contract Award

Notice which shall contain, at a minimum, the following

information:

(a) name and address of the PE;

(b) name and reference number of the contract being

awarded, and the selection method used;

(c) names of all Bidders that submitted Bids, and their

Bid prices as read out at Bid opening, and as

evaluated;

(d) names of all Bidders whose Bids were rejected

either as nonresponsive or as not meeting

qualification criteria, or were not evaluated, with

the reasons therefor; and

(e) the name of the successful Bidder, the final total

contract price, the contract duration and a

summary of its scope.

43.3 The Contract Award Notice shall be published on the PE’s

website with free access if available, or in at least one

newspaper of national circulation in the FGS, or in the official

gazette.


43.4 Until a formal Contract is prepared and executed, the Letter

of Acceptance shall constitute a binding Contract.

43.5 No Procuring Entity shall enter into a procurement contract

unless a minimum of fourteen (14) calendar days have lapsed

since the notification of award of a contract with a winning

bidder.

44. Debriefing by

the PE

44.1 The PA shall upon request of any unsuccessful bidder, inform

the bidder of the reasons for which the bid was unsuccessful.

45. Signing of

Contract

45.1 Promptly after notification, the PE shall send the successful

Bidder the Contract Agreement.

45.2 The parties to the contract shall have it signed within 30

days from the date of notification of contract award unless

there is an administrative review request.

46. Performance

Security

46.1 Within twenty-eight (28) days of the receipt of notification

of award from the PE, the successful Bidder, if required,

shall furnish the Performance Security using the

Performance Security Form included in Contract Forms.

46.2 Failure of the successful Bidder to submit the above-

mentioned Performance Security or sign the Contract

shall constitute sufficient grounds for the annulment of

the award and execution of the Bid Securing

Declaration. In that event the PE may award the

Contract to the next lowest evaluated Bidder, whose

bid is substantially responsive and is determined by the


PA to be qualified to perform the Contract

satisfactorily.

47. Procurement

Related

Complaint

47.1 The procedures for making a Procurement-related

Complaint are as specified in the BDS.

Section II – Bid Data Sheet 35

Section II - Bid Data Sheet (BDS)

The following specific data for the goods to be procured shall complement, supplement, or

amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the

provisions herein shall prevail over those in ITB.

ITB

Reference

A. General

ITB 1.1 The Procuring Entity (PE) is: Ministry of Education, Culture & Higher

Education, Federal Government of Somalia

The Procuring Agency (PA) is: Ministry of Finance, Procurement Unit

The name of the RFB is: Supply and Delivery of Vehicles to the Ministry

of Education, Culture & Higher Education

The number and identification of lots (contracts) comprising this RFB is:

FGS/MOF/ICB/2019/0025

ITB 2.1 The Source of Funds is: GPE funded

ITB 4.4 A list of debarred firms and individuals is available on the website: N/A

B. Contents of Bidding Document

ITB 7.1 For Clarification of Bid purposes only, the PA address is:

Attention: Ismail Aweis Haji Ali

Procurement Director

Address: Ministry of Finance

Floor/ Room number: 5th floor, Procurement Department

City: Mogadishu.

Country: Federal Government of Somalia

Requests for clarification should be received by the PE no later than: 4 days

before deadline

C. Preparation of Bids


ITB 10.1 The language of the Bid is: English

All correspondence exchange shall be in English language.

Language for translation of supporting documents and printed literature is

English

ITB 11.1 (j) The Bidder shall submit the following documents in its Bid, in addition to

those required by ITB 11.1:

1. Documentary evidence demonstrating legal status and ability to operate

in Somalia, such as a valid Certificate of Company Registration.

2. Financial Statements for the last 2 years demonstrating of annual

turnover of a minimum $USD 100,000 (financial capacity). In the event

that financial statements have not been produced by the bidder, Bank

statements for the last 24 months must be submitted to evidence

turnover.

3. A declaration of certificate that the candidate has fulfilled the

obligation to pay tax a clearance certificate (TCC) must be attached.

4. Tax identification Number (TIN)

5. Documentary evidence demonstrating of at least 3 years’ experience in

vehicle supply and previous work experience in Somalia, Horn of

Africa region and conflict/post-conflict countries.

ITB 14.5 The prices quoted by the Bidder shall not be subject to adjustment during the

performance of the Contract.

ITB 14.7 The Incoterms edition is: Incoterms edition 2015

ITB 14.8

(b)(i) and

(c)(v)

Place of destination:

Destinations Toyota Hardtop

Landcruiser SUV

2018/2019 or

equivalent

HARD TOP

DOUBLE CABIN

4WD 4.2L DIESEL

or equivalent

Total

Destination 1

(CIP Galkacyo)

3 3

Destination 2

(CIP

Mogadishu)

5 1 6

Destination 3

(CIP Kismayo)

2 2

Total 10 1 11


ITB 15.1 The Bidder shall not quote in Somali Shillings the portion of the Bid price

that corresponds to expenditures incurred in Somali shillings. All bid prices

shall be in USD.

ITB 15.2 Bid Prices shall be in USD.

ITB 18.1 The Bid validity period shall be 120 days.

ITB 19.1

A Bid-Securing Declaration shall be required in the form included in

Schedule IV.

ITB 19.1 The period of Bid-Securing Declaration shall be 2 Years.

ITB 20.1 In addition to the original of the Bid, the number of copies is: 2 copies

D. Submission and Opening of Bids

ITB 22.1

For Bid submission purposes only, the PA’s address is:


Procurement Director



City: Mogadishu.

Country: Federal Government of Somalia.

The deadline for Bid submission is:

Date: 04 August, 2019

Time: 12:00 PM Local Time

ITB 25.1 The Bid opening shall take place at:

Street Address: Ministry of Finance


City: Mogadishu


Date: 04 August, 2019

Time: 12:00 PM Local Time

ITB 25.6 The Letter of Bid and Price Schedules shall be initialled by all members of the

evaluation committee, representatives of the PA and the PE conducting Bid

opening


E. Evaluation and Comparison of Bids

ITB 30.3 The adjustment shall be based on the average price of the item or component

as quoted in other substantially responsive Bids. If the price of the item or

component cannot be derived from the price of other substantially responsive

Bids, the PE shall use its best estimate.

ITB 32.1

The currency that shall be used for Bid evaluation and comparison purposes

to convert at the selling exchange rate all Bid prices expressed in various

currencies into a single currency is: USD

The source of exchange rate shall be: Central Bank in the FGS

The date for the exchange rate shall be: 04 August, 2019

ITB 33.1 A margin of domestic preference shall not apply.

ITB 34.2(a) Evaluation will be done for lots

ITB 34.6 The adjustments shall be determined using the following criteria, from

amongst those set out in Section III, Evaluation and Qualification Criteria:

(a) Deviation in Delivery schedule: No.

(b) Deviation in payment schedule: No.

F. Award of Contract

ITB 39.1

Standstill

Period

The Standstill Period is 14 Days fourteen (14) from the date the PA has

transmitted to all Bidders that submitted Bids, the Notification of its Intention

to Award the Contract to the successful Bidder.

ITB 42.1 The margin of increase or decrease that can be applied to the quantity of

goods specific in the Schedule of Requirements at contract award is 30%.

ITB 47.1 The procedures for making a Procurement-related Complaint are detailed in

Part VIII the PPDCA

If a Bidder wishes to make a Procurement-related Complaint, the Bidder

should submit its complaint following these procedures, in writing (by the

quickest means available, that is either by email or in person), to:



Title/Position: Procurement Director



City: Mogadishu.


Email: [email protected]

mailto:[email protected]

Section III – Evaluation and Qualification Criteria 40

Section III - Evaluation and Qualification

Criteria

This Section contains the criteria that the PE shall use to evaluate a Bid and qualify the

Bidders. No other factors, methods or criteria shall be used other than specified in this bidding

document.

Contents

1. Evaluation ........................................................................................................................ 41

2. Qualification ...................................................................................................................... 42


1. Evaluation

1.1. Evaluation Criteria

The PA’s evaluation of a Bid may take into account, in addition to the Bid Price quoted in

accordance with ITB 14.8, one or more of the following factors as specified in ITB 34.2(f) and

in BDS referring to ITB 34.6, using the following criteria and methodologies.

(a) Delivery schedule. (As per Incoterms specified in the BDS)

The Goods specified in the List of Goods are required to be delivered within the

acceptable time range (after the earliest and before the final date, both dates

inclusive) specified in Section VII, Schedule of Requirements. No credit will be

given to deliveries before the earliest date, and Bids offering delivery after the final

date shall be treated as nonresponsive. Within this acceptable period, no adjustment

will be made to the Bid price of Bids offering deliveries later than the “Earliest

Delivery Date” specified in Section VII, Schedule of Requirements.

(b) Deviation in payment schedule.

The SCC stipulates the payment schedule specified by the PE. If a Bid deviates from

the schedule it may be considered non-complaint and rejected by the PA.

(c) Specific additional criteria

Goods to be delivered under the contract are required to meet the Technical

Specifications specified in Section VII – Specification. Bids that include the

provision of Goods which do not meet these Technical Specifications may be

considered non-compliant and rejected by the PA.


1.2. Multiple Contracts

If in accordance with ITB 1.1, Bids are invited for individual lots or for any combination of

lots, the contract will be awarded to the Bidder or Bidders offering a substantially responsive

Bid(s) and the lowest evaluated cost to the PE for combined lots, after considering all possible

combination of lots, subject to the selected Bidder(s) meeting the required qualification criteria

(this Section III, Sub-Section ITB 37 Qualification Requirements) for a lot or combination of

lots as the case may be.

In determining Bidder or Bidders that offer the total lowest evaluated cost to the PE for

combined lots, the PA shall apply the following steps in sequence:

(a) Evaluate individual lots to determine the substantially responsive Bids and

corresponding evaluated costs;

(b) For each lot, rank the substantially responsive Bids starting from the lowest

evaluated cost for the lot;

(c) Apply to the evaluated costs listed in b) above, any applicable discounts/price

reductions offered by a Bidder (s) for the award of multiple contracts based on the

discounts and the methodology for their application offered by the respective

Bidder; and

(d) Determine contract award on the basis of the combination of lots that offer the

total lowest evaluated cost to the PE.

2. Qualification

2.1 Post qualification Requirements

After determining the substantially responsive Bid, which offers the lowest-evaluated cost, the

Purchaser shall carry out the post-qualification of the Bidder in accordance with ITB 37, using

only the requirements specified. Requirements not included in the text below shall not be used

in the evaluation of the Bidder’s qualifications.

(i) Financial Capability

Financial Statements for the last 2 years demonstrating of annual turnover of a

minimum $USD 100,000, or as may be otherwise demonstrated through 24


months of bank statements in the case where Financial Statements were not

prepared by the bidder.

(ii) Experience and Technical Capacity

Documentary evidence demonstrating of at least 3 years’ experience in vehicle

supply and previous work experience in Somalia, Horn of Africa region and

conflict/post conflicts countries.

(iii) Documentary Evidence

Documentary evidence demonstrating ability to operate in Somalia such as a

certificate of registration or trade license etc. (legal capacity)

Section IV – Bidding Forms 44


Table of Forms

Letter of Bid........................................................................................................................... 45

Bidder Information Form .................................................................................................... 48

Bidder’s JV Members Information Form .......................................................................... 49

Price Schedule: Supply and Delivery of Vehicles to the Ministry of Education, Culture

& Higher Education (to be filled out by suppliers) ............................................................ 51

Form of Bid-Securing Declaration ...................................................................................... 52


Letter of Bid

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing

the Bidder’s complete name and address.

Note: All italicized text is for use in preparing these forms and shall be deleted from the

final products.

Date: [insert date (as day, month and year) of Bid Submission]

RFB No.: [insert identification number of Request for Bids]

To: [insert complete name of Procuring Agent]

(a) We have examined and have no reservations to the Bidding Documents, including

Addenda issued in accordance with Instructions to Bidders;

(b) We meet the eligibility requirements and have no conflict of interest;

(c) We have not been suspended nor declared ineligible by the Procuring Entity based on

execution of a Bid Securing Declaration in the Federal Government of Somalia

(d) We offer to supply in conformity with the Bidding Documents and in accordance with the

Delivery Schedules specified in the Schedule of Requirements the following Goods:

[insert a brief description of the Goods and Related Services];

(e) The total price of our Bid, excluding any discounts offered in item (f) below is:

[insert the total price of the bid in words and figures, indicating the various amounts

and the respective currencies over the term of the contract];

(f) Our bid shall be valid for a period of [specify the number of calendar days] days from the

date fixed for the bid submission deadline in accordance with the Bidding Documents, and

it shall remain binding upon us and may be accepted at any time before the expiration of

that period;

(g) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this

bidding process;


(h) We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service

providers for any part of the contract, are not subject to, and not controlled by any entity

or individual that is subject to, a temporary suspension or a debarment imposed by the

Public Procurement Authority. Further, we are not ineligible under the country laws or

official regulations or pursuant to a decision of the United Nations Security Council;

(i) State-owned enterprise or institution: [select the appropriate option and delete the

other] [We are not a state-owned enterprise or institution] / [We are a state-owned

enterprise or institution but meet the requirements of ITB 4.6];

(j) Commissions, gratuities, fees: We have paid, or will pay the following commissions,

gratuities, or fees with respect to the Bidding process or execution of the Contract:

[insert complete name of each Recipient, its full address, the reason for which each

commission or gratuity was paid and the amount and currency of each such commission

or gratuity]

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(k) We understand that this bid, together with your written acceptance thereof included in

your notification of award, shall constitute a binding contract between us, until a formal

contract is prepared and executed; and

(l) We understand that you are not bound to accept the lowest evaluated bid or any other bid

that you may receive.

(m) We hereby certify that we have taken steps to ensure that no person acting for us or on our

behalf will engage in any type of fraud and corruption

Dated this day of 20


[signature] [in the capacity of]

Duly authorized to sign bid for an on behalf of


Bidder Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. No

alterations to its format shall be permitted and no substitutions shall be accepted.]



1. Bidder’s Name: [insert Bidder’s legal name]

2. In case of JV, legal name of each member: [insert legal name of each member in JV]

3. Bidder’s actual or intended country of registration: [insert actual or intended country of

registration]

4. Bidder’s year of registration: [insert Bidder’s year of registration]

5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of

registration]

6. Bidder’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

Email Address: [insert Authorized Representative’s email address]

Tax Identification Number

7. Attached are copies of original documents of [check the box(es) of the attached

original documents]

Articles of Incorporation (or equivalent documents of constitution or association), and/or

documents of registration of the legal entity named above.

In case of JV, letter of intent to form JV or JV agreement.

Included are the organizational chart, a list of Board of Directors, and the beneficial

ownership.


Bidder’s JV Members Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. The

following table shall be filled in for the Bidder and for each member of a Joint Venture].



1. Bidder’s Name: [insert Bidder’s legal name]

2. Bidder’s JV Member’s name: [insert JV’s Member legal name]

3. Bidder’s JV Member’s country of registration: [insert JV’s Member country of

registration]

4. Bidder’s JV Member’s year of registration: [insert JV’s Member year of registration]

5. Bidder’s JV Member’s legal address in country of registration: [insert JV’s Member legal

address in country of registration]

6. Bidder’s JV Member’s authorized representative information

Name: [insert name of JV’s Member authorized representative]

Address: [insert address of JV’s Member authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized

representative]

Email Address: [insert email address of JV’s Member authorized representative]

Tax Identification Number

7. Attached are copies of original documents of [check the box(es) of the attached original

documents]

Articles of Incorporation (or equivalent documents of constitution or association), and/or

registration documents of the legal entity named above.

Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.


Price Schedule Forms

[The Bidder shall fill in these Price Schedule Forms in accordance with the instructions

indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List

of Goods and Related Services specified by the PE in the Schedule of Requirements.]


Price Schedule: Supply and Delivery of Vehicles to the Ministry of Education, Culture &

Higher Education (to be filled out by suppliers)

Date: _________________________

Alternative No:

____N/A________.

RFB No:

________________

_____

1 2 3 4 5 6 7 Item

No

Description of Goods Quantities Delivery Destination Unit Price Total Price

Supplier to Confirm Delivery

Site Date

1 Toyota Hardtop

Landcruiser SUV

2018/2019 or equivalent

3

Destination 1 (CIP

Galkacyo)

2 Toyota Hardtop

Landcruiser SUV


5

Destination 2 (CIP

Mogadishu)

3 HARD TOP DOUBLE

CABIN 4WD 4.2L

DIESEL or equivalent

1

Destination 2 (CIP

Mogadishu)

2 Toyota Hardtop

Landcruiser SUV


2

Destination 3 (CIP

Kismayo)

TOTAL PRICE [Insert Total Price]

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [Insert D


Form of Bid-Securing Declaration

[The Bidder shall fill in this Form in accordance with the instructions indicated.]

Date: [date (as day, month and year)]

Bid No.: [number of RFB process]

Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [complete name of Purchaser]

We, the undersigned, declare that:

We understand that, according to your conditions, Bids must be supported by a Bid-Securing

Declaration.

We accept that we will automatically be suspended from being eligible for Bidding in any

contract with the Purchaser for the period of time of [number of months or years] starting on

[date], if we are in breach of our obligation(s) under the Bid conditions, because we:

(a) Have withdrawn our Bid during the period of Bid validity specified in the Letter of Bid;

or

(b) having been notified of the acceptance of our Bid by the Purchaser during the period

of Bid validity, (i) fail or refuse to sign the Contract; or (ii) fail or refuse to furnish the

Performance Security, if required, in accordance with the ITB.


We understand this Bid Securing Declaration shall expire if we are not the successful Bidder,

upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder;

or (ii) twenty-eight days after the expiration of our Bid.

Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint

Venture that submits the Bid.]

Section V – Eligible Countries 54


Eligibility for the Provision of Goods, Works and Non-Consulting Services in

FGS-Financed Procurement

Goods, suppliers and contractors from a country may be ineligible for consideration under this

Act if:

(a) The law of Federal Government of Somalia or official regulation prohibits commercial

relations with that particular country, or

(b) A decision of the United Nations Security Council taken under Chapter VII of the Charter

of the United Nations that prohibits any dealings with that particular country.

The Federal Government of Somalia does not currently keep a list of countries and or

companies who are ineligible for the Provision of Goods, Works and Non-Consulting

Services in FGS-Financed Procurement. As a result, there are no firms that are currently

disbarred from participation in this procurement.

Section VI – Fraud and Corruption 55


(Section VI shall not be modified)

All parties must observe the highest ethical standards during procurement process and contract

execution. In this context, any corrupt, fraudulent, collusive, coercive, fraud or obstructive

actions taken by public officers, bidders, suppliers, contractors, and their subcontractors and

consultants for undue advantage are prohibited.

In pursuance of this policy, and for the purposes of this provision, the terms are defined as

follows:

a. Corruption is the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party.

b. Fraud is any act or omission, including a misrepresentation, that knowingly or

recklessly misleads or attempts to mislead a party to obtain a financial or other benefit

or to avoid an obligation.

c. Collusion is an arrangement between two or more parties designed to achieve an

improper purpose, including influencing improperly the actions of another party.

d. Coercion is impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to influence improperly the actions of

a party.

e. Obstruction is deliberately destroying, falsifying, altering, or concealing of evidence

material to the investigation or making false statements to investigators (auditor general

office reports) in order to materially impede an investigation into allegations of a

corrupt, fraudulent, collusive, or coercive practice; and/or threatening, harassing, or

Section VI – Fraud and Corruption 56

intimidating any party to prevent it from disclosing its knowledge of matters relevant

to the investigation or from pursuing the investigation, or acts intended to materially

impede the exercise of inspection and audit rights.

A PE will reject a proposal for award if it determines that the bidder recommended for award

has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or

obstructive practices in competing for the contract in question.

A PE will forward the name of a firm or individual to the Authority recommending debarment,

if it at any time determines that the firm or individual has, directly or through an agent, engaged

in corrupt, fraudulent, collusive, coercive, or obstructive practices in procurement proceedings.

For the purpose of this section, bidding and proposal documents and contract agreements will:

a. Include a provision requiring bidders, suppliers, contractors and consultants to permit the

officials of the PE and other concerned Government officials to inspect their accounts and

records and other documents relating to the bid submission and contract performance and

to have them audited by designated auditors; and

b. Require bidders to provide an undertaking to observe, in competing for and executing a

contract, laws against fraud and corruption declaring that “the bidder undertakes that in

competing for and executing a contract, the bidder will strictly observe the laws against

fraud and corruption in force in FGS.

Part 2 – Supply Requirements 57

PART 2 – SUPPLY REQUIREMENTS

Section VII – Schedule of Requirements 59


Contents

1. List of Goods and Delivery Schedule ............................................................................ 60

2. Technical Specifications ................................................................................................... 63

3. Inspections and Tests ........................................................................................................ 67


1. List of Goods and Delivery Schedule

Supply and Delivery of Vehicles to the Ministry of Education, Culture & Higher

Education

Line

Item

N

Delivery Destination (Quantity 1)

Toyota Hardtop

Landcruiser SUV

2018/2019 or

equivalent

(Quantity 2)

HARD TOP

DOUBLE

CABIN 4WD

4.2L DIESEL

Total Quantity Final Destination (Project

Sector) as specified in BDS

Delivery Date

1 Destination 1 (CIP Galkacyo) 3

3

Destination 1 (CIP Galkacyo)

Within 30 days

after contract

signature

2 Destination 2 (CIP Mogadishu) 5 1

6

Destination 2 (CIP Mogadishu))

3 Destination 3 (CIP Kismayo) 2

2

Destination 3 (CIP Kismayo)

Total 10 1

11

Section VII – Schedule of Requirement 63

2. Technical Specifications

Part A: 10 Motor Vehicles of Toyota Hardtop Landcruiser SUV 2018/2019 or

equivalent as per the specifications below:

Base Model Make Toyota or equivalent

Model Name Hardtop SUV, LC70, 4,2L Diesel 10 seats

M/T or equivalent

Grade LC H/T AC DSL-10 STR

Body type WAGON

Color White

Year 2018/2019

Dimensions Dimensions (LxWxH

mm)

4720X1770X1955

Wheel base mm 2730

Ground clearance mm 230

Min. Turning radius (M) 6.3

Fuel Fuel tank capacity Ltrs. 130

Engine & Drive

train

Displacement cc 4164

kW/RPM 96/3800

Torque Nm/RPM 285/2200

Type 6 cylinders in line

Fuel system Distributor type

Fuel type Diesel

T/M 5-SPEED Manual Transmission (M/T)

Tire Tire size 7.50R16

Tire type Bridgestone or manufacturer authorized tires

Brake Front/Rear V. DISC/V.DISC

Suspension Front Leading Arm

Rear Leaf rigid Rigid Axle

Stabilizer bar Front Torsion Bar

Airbag With

NB: The photo does not provide

the actual description of the requirement, refer the specification

below for the actual requirement.


Bumper Front & Rear Black

Mud guards Front & Rear DX

Side step With

Seat Material Vinyl Leather

Seating

Capacity

10

Audio Am/FM, CD, USB

Air conditioner With

Snorkel With

Roof rack With

Glove box With key

Fire

extinguisher

With

Triangle

caution plate

1 pc

Tool box 1

Heavy duty

Towing cable

1

First Aid 1

Security

System

Audio/Visual signals With

Country of

Origin

Japan

Status Brand new, 00mileage


Part B: 1 Motor Vehicles of HARD TOP DOUBLE CABIN 4WD 4.2L DIESEL or equivalent

as per the specifications below:

Base Model Make Toyota or equivalent

Model Name HARD TOP DOUBLE CABIN 4WD 4.2L

DIESEL, 6 seats M/T or equivalent

Grade LC H/T AC DSL-10 STR

Body type WAGON

Color White

Year 2018/2019

Dimensions Dimensions (LxWxH

mm)

4720X1770X1955

Wheel base mm 2730

Ground clearance mm 230

Min. Turning radius (M) 6.3

Fuel Fuel tank capacity Ltrs. 130

Engine & Drive

train

Displacement cc 4164

kW/RPM 96/3800

Torque Nm/RPM 285/2200

Type 6 cylinders in line

Fuel system Distributor type

Fuel type Diesel

T/M 5-SPEED Manual Transmission (M/T)

Tire Tire size 7.50R16

Tire type Bridgestone or manufacturer authorized tires

Brake Front/Rear V. DISC/V.DISC

Suspension Front Leading Arm

Rear Leaf rigid Rigid Axle

Stabilizer bar Front Torsion Bar

Airbag With

Bumper Front & Rear Black

Mud guards Front & Rear DX

Side step With

Seat Material Vinyl Leather

NB: The photo does not provide

the actual description of the requirement, refer the specification

below for the actual requirement.


Seating

Capacity

6

Audio Am/FM, CD, USB

Air conditioner With

Snorkel With

Roof rack With

Glove box With key

Fire

extinguisher

With

Triangle

caution plate

1 pc

Tool box 1

Heavy duty

Towing cable

1

First Aid 1

Security

System

Audio/Visual signals With

Country of

Origin

Japan

Status Brand new, 00mileage


3. Inspections and Tests

The following inspections and tests shall be performed: At each delivery all the items shall

be inspected and tested to ensure that they conform to the technical specifications as stated in

the Bidding Documents. Only items that comply with the specifications will be accepted.

Part 3 - Contract 68

PART 3 - CONTRACT

Section VIII - General Conditions of Contract 69

Section VIII - General Conditions of Contract

Table of Clauses

1. Definitions ........................................................................................................................ 71

2. Contract Documents ....................................................................................................... 72

3. Fraud and Corruption .................................................................................................... 72

4. Interpretation .................................................................................................................... 73

5. Language .......................................................................................................................... 74

6. Joint Venture, Consortium or Association ................................................................... 74

7. Eligibility .......................................................................................................................... 75

8. Notices .............................................................................................................................. 75

9. Governing Law ................................................................................................................ 75

10 Settlement of Disputes .................................................................................................... 76

11 Inspections and Audit by the FGS ................................................................................. 77

12. Scope of Supply ............................................................................................................... 77

13. Delivery and Documents................................................................................................. 77

14. Supplier’s Responsibilities ............................................................................................. 77

15 Contract Price ................................................................................................................. 78

16. Terms of Payment ........................................................................................................... 78

17. Taxes and Duties ............................................................................................................. 78

18. Performance Security ..................................................................................................... 79

19. Copyright ......................................................................................................................... 79


20. Confidential Information ............................................................................................... 80

21. Subcontracting ................................................................................................................ 81

22. Specifications and Standards ......................................................................................... 82

23. Packing and Documents ................................................................................................. 82

24. Insurance ......................................................................................................................... 83

25. Transportation and Incidental Services........................................................................ 83

26. Inspections and Tests ...................................................................................................... 84

27. Liquidated Damages ....................................................................................................... 86

28. Warranty ......................................................................................................................... 86

29. Patent Indemnity ............................................................................................................. 87

30 Limitation of Liability .................................................................................................... 89

31. Change in Laws and Regulations .................................................................................. 90

32. Force Majeure ................................................................................................................. 90

33. Change Orders and Contract Amendments ................................................................. 91

34. Extensions of Time .......................................................................................................... 92

35. Termination ..................................................................................................................... 92

36. Assignment....................................................................................................................... 94

37. Export Restriction ........................................................................................................... 94


Section VIII. General Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have the meanings

hereby assigned to them:

(a) “Contract” means the Contract Agreement entered into

between the Procuring Entity and the Supplier, together

with the Contract Documents referred to therein,

including all attachments, appendices, and all documents

incorporated by reference therein.

(b) “Contract Documents” means the documents listed in the

Contract Agreement, including any amendments thereto.

(c) “Contract Price” means the price payable to the Supplier

as specified in the Contract Agreement, subject to such

additions and adjustments thereto or deductions

therefrom, as may be made pursuant to the Contract.

(d) “Completion” means the fulfilment of the Related

Services by the Supplier in accordance with the terms

and conditions set forth in the Contract.

(e) “Day” means calendar day.

(f) “GCC” means the General Conditions of Contract.

(g) “Goods” means all of the commodities, raw material,

machinery and equipment, and/or other materials that the

Supplier is required to supply to the PE under the

Contract.

(h) FGS means the Federal Government of Somalia.

(i) “Procuring Entity” or “PE” means the entity purchasing

the Goods and Related Services, as specified in the SCC.

(j) “Related Services” means the services incidental to the

supply of the goods, such as insurance, installation,


training and initial maintenance and other such

obligations of the Supplier under the Contract.

(k) “SCC” means the Special Conditions of Contract.

(l) “Subcontractor” means any person, private or

government entity, or a combination of the above, to

whom any part of the Goods to be supplied or execution

of any part of the Related Services is subcontracted by

the Supplier.

(m) “Supplier” means the person, private or government entity,

or a combination of the above, whose bid to perform the

Contract has been accepted by the PE and is named as such

in the Contract Agreement.

(n) “The Project Site,” where applicable, means the place

named in the SCC.

2. Contract

Documents

2.1 Subject to the order of precedence set forth in the Contract

Agreement, all documents forming the Contract (and all parts

thereof) are intended to be correlative, complementary, and

mutually explanatory. The Contract Agreement shall be read

as a whole.

3. Fraud and

Corruption

3.1 The FGS requires compliance with the Public Procurement

Concessions and Disposal Act (“PPCDA”) Anti-Corruption

Guidelines and its prevailing sanctions policies and procedures

as set forth in Appendix to the GCC.

3.2 The PE requires the Supplier to disclose any commissions or

fees that may have been paid or are to be paid to agents or any

other party with respect to the Bidding process or execution of

the Contract. The information disclosed must include at least

the name and address of the agent or other party, the amount


and currency, and the purpose of the commission, gratuity or

fee.

4. Interpretation 4.1 If the context so requires it, singular means plural and vice versa.

4.2 Incoterms

(a) Unless inconsistent with any provision of the Contract,

the meaning of any trade term and the rights and

obligations of parties thereunder shall be as prescribed

by Incoterms specified in the SCC.

(b) The terms EXW, CIP, and other similar terms, when

used, shall be governed by the rules prescribed in the

current edition of Incoterms specified in the SCC.

4.3 Entire Agreement

The Contract constitutes the entire agreement between the PE

and the Supplier and supersedes all communications,

negotiations and agreements (whether written or oral) of the

parties with respect thereto made prior to the date of Contract.

4.4 Amendment

No amendment or other variation of the Contract shall be valid

unless it is in writing, is dated, expressly refers to the Contract,

and is signed by a duly authorized representative of each party

thereto.

4.5 Nonwaiver

(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation,

forbearance, delay, or indulgence by either party in

enforcing any of the terms and conditions of the Contract

or the granting of time by either party to the other shall

prejudice, affect, or restrict the rights of that party under


the Contract, neither shall any waiver by either party of

any breach of Contract operate as waiver of any

subsequent or continuing breach of Contract.

(b) Any waiver of a party’s rights, powers, or remedies

under the Contract must be in writing, dated, and signed

by an authorized representative of the party granting

such waiver, and must specify the right and the extent to

which it is being waived.

4.6 Severability

If any provision or condition of the Contract is prohibited or

rendered invalid or unenforceable, such prohibition, invalidity

or unenforceability shall not affect the validity or

enforceability of any other provisions and conditions of the

Contract.

5. Language 5.1 The Contract as well as all correspondence and documents

relating to the Contract exchanged by the Supplier and the PE,

shall be written in the language specified in the SCC.

Supporting documents and printed literature that are part of

the Contract may be in another language provided they are

accompanied by an accurate translation of the relevant

passages in the language specified, in which case, for purposes

of interpretation of the Contract, this translation shall govern.

6. Joint Venture,

Consortium or

Association

6.1 If the Supplier is a joint venture, consortium, or association, all of

the parties shall be jointly and severally liable to the PE for the

fulfilment of the provisions of the Contract and shall designate

one party to act as a leader with authority to bind the joint venture,

consortium, or association. The composition or the constitution


of the joint venture, consortium, or association shall not be altered

without the prior consent of the PE.

7. Eligibility 7.1 The Supplier and its Subcontractors shall have the nationality

of an eligible country. A Supplier or Subcontractor shall be

deemed to have the nationality of a country if it is a citizen or

constituted, incorporated, or registered, and operates in

conformity with the provisions of the laws of that country.

7.2 All Goods and Related Services to be supplied under the

Contract shall have their origin in Eligible Countries. For the

purpose of this Clause, origin means the country where the

goods have been grown, mined, cultivated, produced,

manufactured, or processed; or through manufacture,

processing, or assembly, another commercially recognized

article results that differs substantially in its basic

characteristics from its components.

8. Notices 8.1 Any notice given by one party to the other pursuant to the

Contract shall be in writing to the address specified in the

SCC. The term “in writing” means communicated in written

form with proof of receipt.

8.2 A notice shall be effective when delivered or on the notice’s

effective date, whichever is later.

9. Governing Law 9.1 The Contract shall be governed by and interpreted in

accordance with the laws of Federal Government of Somalia,

unless otherwise specified in the SCC.


9.2 Throughout the execution of the Contract, the Supplier shall

comply with the import of goods and services prohibitions in

the FGS when

(a) as a matter of law or official regulations, the FGS prohibits

commercial relations with that country; or

(b) by an act of compliance with a decision of the United

Nations Security Council taken under Chapter VII of the

Charter of the United Nations, the FGS prohibits any import

of goods from that country or any payments to any country,

person, or entity in that country.

10 Settlement of

Disputes

10.1 The PE and the Supplier shall make every effort to resolve

amicably by direct informal negotiation any disagreement or

dispute arising between them under or in connection with the

Contract.

10.2 If, after twenty-eight (28) days, the parties have failed to

resolve their dispute or difference by such mutual consultation,

then either the PE or the Supplier may give notice to the other

party of its intention to commence arbitration, as hereinafter

provided, as to the matter in dispute, and no arbitration in

respect of this matter may be commenced unless such notice

is given. Any dispute or difference in respect of which a notice

of intention to commence arbitration has been given in

accordance with this Clause shall be finally settled by

arbitration. Arbitration may be commenced prior to or after

delivery of the Goods under the Contract. Arbitration

proceedings shall be conducted in accordance with the rules of

procedure specified in the SCC.

10.3 Notwithstanding any reference to arbitration herein,


(a) the parties shall continue to perform their respective

obligations under the Contract unless they otherwise agree;

and

(b) The PE shall pay the Supplier any monies due the Supplier.

11 Inspections

and Audit by

the FGS

11.1 Appendix to the General Conditions the Supplier shall permit

and shall cause its subcontractors and sub consultants to

permit, the FGS and/or persons appointed by the FGS to

inspect the Site and/or the accounts and records relating to the

performance of the Contract and the submission of the bid, and

to have such accounts and records audited by auditors

appointed by the FGS The Supplier’s and its Subcontractors’

and sub consultants’ attention is drawn to Sub-Clause 3.1

which provides, inter alia, that acts intended to materially

impede the exercise of the FGS’s inspection and audit rights

constitute a prohibited practice subject to contract termination.

12. Scope of

Supply

12.1 The Goods and Related Services to be supplied shall be as

specified in the Schedule of Requirements.

13. Delivery and

Documents

13.1 The Delivery of the Goods and Completion of the Related

Services shall be in accordance with the Delivery and

Completion Schedule specified in the Schedule of Requirements.

The details of shipping and other documents to be furnished by

the Supplier are specified in the SCC

14. Supplier’s

Responsibilities

14.1 The Supplier shall supply all the Goods and Related Services

included in the Scope of Supply in accordance with in

accordance with GCC Clause 12, and the Delivery and

Completion Schedule, as per GCC Clause 13.


15 Contract Price 15.1 Prices charged by the Supplier for the Goods supplied and the

Related Services performed under the Contract shall not vary

from the prices quoted by the Supplier in its bid, with the

exception of any price adjustments authorized in the SCC.

16. Terms of

Payment

16.1 The Contract Price, including any Advance Payments, if

applicable, shall be paid as specified in the SCC.

16.2 The Supplier’s request for payment shall be made to the PE in

writing, accompanied by invoices describing, as appropriate,

the Goods delivered and Related Services performed, and by

the documents submitted pursuant to GCC 13 and upon

fulfilment of all other obligations stipulated in the Contract.

16.3 Payments shall be made promptly by the PE, but in no case

later than sixty (60) days after submission of an invoice or

request for payment by the Supplier, and after the PE has

accepted it.

16.4 The currencies in which payments shall be made to the

Supplier under this Contract shall be those in which the bid

price is expressed.

17. Taxes and

Duties

17.1 For goods manufactured outside the FGS, the Supplier shall be

entirely responsible for all taxes, stamp duties, license fees, and

other such levies imposed outside the FGS.

17.2 For goods Manufactured within the FGS, the Supplier shall be

entirely responsible for all taxes, duties, license fees, etc.,

incurred until delivery of the contracted Goods to the PE.


17.3 If any tax exemptions, reductions, allowances or privileges

may be available to the Supplier in the FGS, the PE shall use its

best efforts to enable the Supplier to benefit from any such tax

savings to the maximum allowable extent.

18. Performance

Security

18.1 If required as specified in the SCC, the Supplier shall, within

twenty-eight (28) days of the notification of contract award,

provide a performance security for the performance of the

Contract in the amount specified in the SCC.

18.2 The proceeds of the Performance Security shall be payable to

the PE as compensation for any loss resulting from the

Supplier’s failure to complete its obligations under the

Contract.

18.3 The Performance Security shall be denominated in the currency

of the Contract, or in a freely convertible currency acceptable to

the PE and shall be in the form of a bank guarantee or an

irrevocable letter of credit issued by a reputable bank located in

FGS or abroad, acceptable to the PE, in the form provided in the

bid documents.

18.4 The Performance Security shall be discharged by the PE and

returned to the Supplier not later than twenty-eight (28) days

following the date of Completion of the Supplier’s

performance obligations under the Contract, including any

warranty obligations under the contract.

19. Copyright 19.1 The copyright in all drawings, documents, and other materials

containing data and information furnished to the PE by the

Supplier herein shall remain vested in the Supplier.


20. Confidential

Information

20.1 The PE and the Supplier shall keep confidential and shall not,

without the written consent of the other party hereto, divulge to

any third party any documents, data, or other information

furnished directly or indirectly by the other party hereto in

connection with the Contract, whether such information has

been furnished prior to, during or following completion or

termination of the Contract. Notwithstanding the above, the

Supplier may furnish to its Subcontractor such documents, data,

and other information it receives from the PE to the extent

required for the Subcontractor to perform its work under the

Contract, in which event the Supplier shall obtain from such

Subcontractor an undertaking of confidentiality similar to that

imposed on the Supplier under GCC Clause 20.

20.2 The PE shall not use such documents, data, and other

information received from the Supplier for any purposes

unrelated to the contract. Similarly, the Supplier shall not use

such documents, data, and other information received from the

PE for any purpose other than the performance of the Contract.

20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2

above, however, shall not apply to information that:

(a) The PE or Supplier need to share with the Bank or other

institutions participating in the financing of the Contract;

(b) Now or hereafter enters the public domain through no

fault of that party;

(c) Can be proven to have been possessed by that party at

the time of disclosure and which was not previously

obtained, directly or indirectly, from the other party; or


(d) Otherwise lawfully becomes available to that party from

a third party that has no obligation of confidentiality.

20.4 The above provisions of GCC Clause 20 shall not in any way

modify any undertaking of confidentiality given by either of the

parties hereto prior to the date of the Contract in respect of the

Supply or any part thereof.

20.5 The provisions of GCC Clause 20 shall survive completion or

termination, for whatever reason, of the Contract.

20.6 The obligation of a party under GCC Sub-Clauses 20.1 above,

however, shall not apply to information that:

(a) The PE or Supplier need to share with the Administrative

review board or appointed auditor/investigator or other

institutions participating in the financing of the Contract;

(b) Now or hereafter enters the public domain through no

fault of that party;

(c) Can be proven to have been possessed by that party at

the time of disclosure and which was not previously

obtained, directly or indirectly, from the other party; or

(d) Otherwise lawfully becomes available to that party from

a third party that has no obligation of confidentiality.

20.7 The provisions of GCC Clause 20 shall survive completion or

termination, for whatever reason, of the Contract.

21. Subcontracting 21.1 The Supplier shall notify the PE in writing of all subcontracts

awarded under the Contract if not already specified in the bid.

Such notification, in the original bid or later shall not relieve

the Supplier from any of its obligations, duties,

responsibilities, or liability under the Contract.


21.2 Subcontracts shall comply with the provisions of GCC Clauses

3 and 7.

22. Specifications

and Standards

22.1 Technical Specifications and Drawings

(a) The Goods and Related Services supplied under this

Contract shall conform to the technical specifications

and standards mentioned in the Schedule of

Requirements and, when no applicable standard is

mentioned, the standard shall be equivalent or superior

to the official standards whose application is appropriate

to the Goods’ country of origin.

(b) The Supplier shall be entitled to disclaim responsibility

for any design, data, drawing, specification or other

document, or any modification thereof provided or

designed by or on behalf of the PE, by giving a notice of

such disclaimer to the PE.

(c) Wherever references are made in the Contract to codes

and standards in accordance with which it shall be

executed, the edition or the revised version of such codes

and standards shall be those specified in the Schedule of

Requirements. During Contract execution, any changes

in any such codes and standards shall be applied only

after approval by the PE and shall be treated in

accordance with GCC Clause 33.

23. Packing and

Documents

23.1 The Supplier shall provide such packing of the Goods as is

required to prevent their damage or deterioration during transit to

their final destination, as indicated in the Contract. During transit,

the packing shall be sufficient to withstand, without limitation,

rough handling and exposure to extreme temperatures, salt and


precipitation, and open storage. Packing case size and weights

shall take into consideration, where appropriate, the remoteness

of the goods’ final destination and the absence of heavy

handling facilities at all points in transit.

23.2 The packing, marking, and documentation within and outside

the packages shall comply strictly with such special

requirements as shall be expressly provided for in the

Contract, including additional requirements, if any, specified

in the SCC, and in any other instructions ordered by the PE.

24. Insurance 24.1 Goods supplied under the Contract shall be fully insured

against loss or damage incidental to manufacture or

acquisition, transportation, storage, and delivery, in the

manner specified in the SCC.

25. Transportation

and Incidental

Services

25.1 Unless otherwise specified in the SCC, responsibility for

arranging transportation of the Goods shall be in accordance

with the specified Incoterms.

25.2 The Supplier may be required to provide any or all of the

following services, including additional services, if any,

specified in SCC:

(a) performance or supervision of on-site assembly and/or

start-up of the supplied Goods;

(b) furnishing of tools required for assembly and/or

maintenance of the supplied Goods;

(c) furnishing of a detailed operations and maintenance

manual for each appropriate unit of the supplied Goods;


(d) performance or supervision or maintenance and/or repair

of the supplied Goods, for a period of time agreed by the

parties, provided that this service shall not relieve the

Supplier of any warranty obligations under this Contract;

and

(e) Training of the PE’s personnel, at the Supplier’s plant

and/or on-site, in assembly, start-up, operation,

maintenance, and/or repair of the supplied Goods.

25.3 Prices charged by the Supplier for incidental services, if not

included in the Contract Price for the Goods, shall be agreed

upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the Supplier for

similar services.

26. Inspections and

Tests

26.1 The Supplier shall at its own expense and at no cost to the PE

carry out all such tests and/or inspections of the Goods and

Related Services as are specified in the SCC.

26.2 The inspections and tests may be conducted on the premises

of the Supplier or its Subcontractor, at point of delivery, and/or

at the Goods’ final destination, or in another place in the

Country as specified in the SCC. Subject to GCC Sub-Clause

26.3, if conducted on the premises of the Supplier or its

Subcontractor, all reasonable facilities and assistance,

including access to drawings and production data, shall be

furnished to the inspectors at no charge to the PE.

26.3 The PE or its designated representative shall be entitled to

attend the tests and/or inspections referred to in GCC Sub-

Clause 26.2, provided that the PE bear all of its own costs and


expenses incurred in connection with such attendance

including, but not limited to, all traveling and board and

lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test and

inspection, it shall give a reasonable advance notice, including

the place and time, to the PE. The Supplier shall obtain from

any relevant third party or manufacturer any necessary

permission or consent to enable the PE or its designated

representative to attend the test and/or inspection.

26.5 The PE may require the Supplier to carry out any test and/or

inspection not required by the Contract but deemed necessary

to verify that the characteristics and performance of the Goods

comply with the technical specifications codes and standards

under the Contract, provided that the Supplier’s reasonable

costs and expenses incurred in the carrying out of such test

and/or inspection shall be added to the Contract Price. Further,

if such test and/or inspection impedes the progress of

manufacturing and/or the Supplier’s performance of its other

obligations under the Contract, due allowance will be made in

respect of the Delivery Dates and Completion Dates and the

other obligations so affected.

26.6 The Supplier shall provide the PE with a report of the results

of any such test and/or inspection.

26.7 The PE may reject any Goods or any part thereof that fail to

pass any test and/or inspection or do not conform to the

specifications. The Supplier shall either rectify or replace such

rejected Goods or parts thereof or make alterations necessary


to meet the specifications at no cost to the PE, and shall repeat

the test and/or inspection, at no cost to the PE, upon giving a

notice pursuant to GCC Sub-Clause 26.4.

26.8 The Supplier agrees that neither the execution of a test and/or

inspection of the Goods or any part thereof, nor the attendance

by the PE or its representative, nor the issue of any report

pursuant to GCC Sub-Clause 26.6, shall release the Supplier

from any warranties or other obligations under the Contract.

27. Liquidated

Damages

27.1 Except as provided under GCC Clause 32, if the Supplier fails

to deliver any or all of the Goods by the Date(s) of delivery or

perform the Related Services within the period specified in the

Contract, the PE may without prejudice to all its other

remedies under the Contract, deduct from the Contract Price,

as liquidated damages, a sum equivalent to the percentage

specified in the SCC of the delivered price of the delayed

Goods or unperformed Services for each week or part thereof

of delay until actual delivery or performance, up to a

maximum deduction of the percentage specified in those SCC.

Once the maximum is reached, the PE may terminate the

Contract pursuant to GCC Clause 35.

28. Warranty 28.1 The Supplier warrants that all the Goods are new, unused, and

of the most recent or current models, and that they incorporate

all recent improvements in design and materials, unless

provided otherwise in the Contract.

28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further

warrants that the Goods shall be free from defects arising from


any act or omission of the Supplier or arising from design,

materials, and workmanship, under normal use in the

conditions prevailing in the country of final destination.

28.3 Unless otherwise specified in the SCC, the warranty shall

remain valid for twelve (12) months after the Goods, or any

portion thereof as the case may be, have been delivered to and

accepted at the final destination indicated in the SCC, or for

eighteen (18) months after the date of shipment from the port

or place of loading in the country of origin, whichever period

concludes earlier.

28.4 The PE shall give notice to the Supplier stating the nature of

any such defects together with all available evidence thereof,

promptly following the discovery thereof. The PE shall afford

all reasonable opportunity for the Supplier to inspect such

defects.

28.5 Upon receipt of such notice, the Supplier shall, within the

period specified in the SCC, expeditiously repair or replace

the defective Goods or parts thereof, at no cost to the PE.

28.6 If having been notified, the Supplier fails to remedy the defect

within the period specified in the SCC, the PE may proceed to

take within a reasonable period such remedial action as may

be necessary, at the Supplier’s risk and expense and without

prejudice to any other rights which the PE may have against

the Supplier under the Contract.

29. Patent

Indemnity

29.1 The Supplier shall, subject to the PE’s compliance with GCC

Sub-Clause 29.2, indemnify and hold harmless the PE and its


employees and officers from and against any and all suits,

actions or administrative proceedings, claims, demands, losses,

damages, costs, and expenses of any nature, including

attorney’s fees and expenses, which the PE may suffer as a

result of any infringement or alleged infringement of any

patent, utility model, registered design, trademark, copyright,

or other intellectual property right registered or otherwise

existing at the date of the Contract by reason of:

(a) the installation of the Goods by the Supplier or the use

of the Goods in the country where the Site is located; and

(b) The sale in any country of the products produced by the

Goods.

Such indemnity shall not cover any use of the Goods or any

part thereof other than for the purpose indicated by or to be

reasonably inferred from the Contract, neither any

infringement resulting from the use of the Goods or any part

thereof, or any products produced thereby in association or

combination with any other equipment, plant, or materials not

supplied by the Supplier, pursuant to the Contract.

29.2 If any proceedings are brought or any claim is made against the

PE arising out of the matters referred to in GCC Sub-Clause

29.1, the PE shall promptly give the Supplier a notice thereof,

and the Supplier may at its own expense and in the PE’s name

conduct such proceedings or claim and any negotiations for the

settlement of any such proceedings or claim.

29.3 If the Supplier fails to notify the PE within twenty-eight (28)

days after receipt of such notice that it intends to conduct any


such proceedings or claim, then the PE shall be free to conduct

the same on its own behalf.

29.4 The PE shall, at the Supplier’s request, afford all available

assistance to the Supplier in conducting such proceedings or

claim, and shall be reimbursed by the Supplier for all

reasonable expenses incurred in so doing.

`29.5 The PE shall indemnify and hold harmless the Supplier and its

employees, officers, and Subcontractors from and against any

and all suits, actions or administrative proceedings, claims,

demands, losses, damages, costs, and expenses of any nature,

including attorney’s fees and expenses, which the Supplier

may suffer as a result of any infringement or alleged

infringement of any patent, utility model, registered design,

trademark, copyright, or other intellectual property right

registered or otherwise existing at the date of the Contract

arising out of or in connection with any design, data, drawing,

specification, or other documents or materials provided or

designed by or on behalf of the PE.

30 Limitation of

Liability

30.1 Except in cases of criminal negligence or wilful misconduct,

(a) the Supplier shall not be liable to the PE, whether in

contract, tort, or otherwise, for any indirect or

consequential loss or damage, loss of use, loss of

production, or loss of profits or interest costs, provided

that this exclusion shall not apply to any obligation of the

Supplier to pay liquidated damages to the PE and

(b) the aggregate liability of the Supplier to the PE, whether

under the Contract, in tort or otherwise, shall not exceed

the total Contract Price, provided that this limitation shall

not apply to the cost of repairing or replacing defective


equipment, or to any obligation of the supplier to

indemnify the PE with respect to patent infringement

31. Change in

Laws and

Regulations

31.1 Unless otherwise specified in the Contract, if after the date of

28 days prior to date of Bid submission, any law, regulation,

ordinance, order or bylaw having the force of law is enacted,

promulgated, abrogated, or changed in the country that

subsequently affects the Delivery Date and/or the Contract

Price, then such Delivery Date and/or Contract Price shall be

correspondingly increased or decreased, to the extent that the

Supplier has thereby been affected in the performance of any

of its obligations under the Contract. Notwithstanding the

foregoing, such additional or reduced cost shall not be

separately paid or credited if the same has already been

accounted for in the price adjustment provisions where

applicable, in accordance with GCC Clause 15.

32. Force Majeure 32.1 The Supplier shall not be liable for forfeiture of its Performance

Security, liquidated damages, or termination for default if and

to the extent that its delay in performance or other failure to

perform its obligations under the Contract is the result of an

event of Force Majeure.

32.2 For purposes of this Clause, “Force Majeure” means an event

or situation beyond the control of the Supplier that is not

foreseeable, is unavoidable, and its origin is not due to

negligence or lack of care on the part of the Supplier. Such

events may include, but not be limited to, acts of the PE in its

sovereign capacity, wars or revolutions, fires, floods,

epidemics, quarantine restrictions, and freight embargoes.


32.3 If a Force Majeure situation arises, the Supplier shall promptly

notify the PE in writing of such condition and the cause thereof.

Unless otherwise directed by the PE in writing, the Supplier

shall continue to perform its obligations under the Contract as

far as is reasonably practical, and shall seek all reasonable

alternative means for performance not prevented by the Force

Majeure event.

33. Change Orders

and Contract

Amendments

33.1 The PE may at any time order the Supplier through notice in

accordance GCC Clause 8, to make changes within the general

scope of the Contract in any one or more of the following:

(a) Drawings, designs, or specifications, where Goods to be

furnished under the Contract are to be specifically

manufactured for the PE;

(b) The method of shipment or packing;

(c) The place of delivery; and

(d) The Related Services to be provided by the Supplier.

33.2 If any such change causes an increase or decrease in the cost

of, or the time required for, the Supplier’s performance of any

provisions under the Contract, an equitable adjustment shall

be made in the Contract Price or in the Delivery/Completion

Schedule, or both, and the Contract shall accordingly be

amended. Any claims by the Supplier for adjustment under

this Clause must be asserted within twenty-eight (28) days

from the date of the Supplier’s receipt of the PE’s change

order.

33.3 Prices to be charged by the Supplier for any Related Services

that might be needed but which were not included in the

Contract shall be agreed upon in advance by the parties and


shall not exceed the prevailing rates charged to other parties

by the Supplier for similar services.

33.4 Subject to the above, no variation in or modification of the

terms of the Contract shall be made except by written

amendment signed by the parties.

34. Extensions of

Time

34.1 If at any time during performance of the Contract, the Supplier

or its subcontractors should encounter conditions impeding

timely delivery of the Goods or completion of Related

Services pursuant to GCC Clause 13, the Supplier shall

promptly notify the PE in writing of the delay, its likely

duration, and its cause. As soon as practicable after receipt of

the Supplier’s notice, the PE shall evaluate the situation and

may at its discretion extend the Supplier’s time for

performance, in which case the extension shall be ratified by

the parties by amendment of the Contract.

34.2 Except in case of Force Majeure, as provided under GCC

Clause 32, a delay by the Supplier in the performance of its

Delivery and Completion obligations shall render the Supplier

liable to the imposition of liquidated damages pursuant to

GCC Clause 26, unless an extension of time is agreed upon,

pursuant to GCC Sub-Clause 34.1.

35. Termination 35.1 Termination for Default

(a) The PE, without prejudice to any other remedy for

breach of Contract, by written notice of default sent to

the Supplier, may terminate the Contract in whole or in

part:


(i) if the Supplier fails to deliver any or all of the

Goods within the period specified in the Contract,

or within any extension thereof granted by the PE;

(ii) if the Supplier fails to perform any other obligation

under the Contract; or

(iii) if the Supplier, in the judgment of the PE has engaged

in fraud and corruption, as defined in the Act, in

competing for or in executing the Contract.

(b) In the event the PE terminates the Contract in whole or

in part, pursuant to the Act, the PE may procure, upon

such terms and in such manner as it deems appropriate,

Goods or Related Services similar to those undelivered

or not performed, and the Supplier shall be liable to the

PE for any additional costs for such similar Goods or

Related Services.

35.1 Termination for Insolvency.

(a) The PE may at any time terminate the Contract by giving

notice to the Supplier if the Supplier becomes bankrupt

or otherwise insolvent. In such event, termination will be

without compensation to the Supplier, provided that such

termination will not prejudice or affect any right of

action or remedy that has accrued or will accrue

thereafter to the PE.

35.3 Termination for Convenience.

(a) The PE, by notice sent to the Supplier, may terminate the

Contract, in whole or in part, at any time for its

convenience. The notice of termination shall specify that

termination is for the PE’s convenience, the extent to

which performance of the Supplier under the Contract is


terminated, and the date upon which such termination

becomes effective.

(b) The Goods that are complete and ready for shipment

within twenty-eight (28) days after the Supplier’s receipt

of notice of termination shall be accepted by the PE at

the Contract terms and prices. For the remaining Goods,

the PE may elect:

(i) To have any portion completed and delivered at the

Contract terms and prices; and/or

(ii) To cancel the remainder and pay to the Supplier an

agreed amount for partially completed Goods and

Related Services and for materials and parts

previously procured by the Supplier.

36. Assignment 36.1 Neither the PE nor the Supplier shall assign, in whole or in

part, their obligations under this Contract, except with prior

written consent of the other party.

37. Export

Restriction

37.1 Notwithstanding any obligation under the Contract to

complete all export formalities, any export restrictions

attributable to the PE, to the country of the PE, or to the use of

the products/goods, systems or services to be supplied, which

arise from trade regulations from a country supplying those

products/goods, systems or services, and which substantially

impede the Supplier from meeting its obligations under the

Contract, shall release the Supplier from the obligation to

provide deliveries or services. Termination of the Contract on

this basis shall be for the PE’s convenience.


APPENDIX TO GENERAL CONDITIONS

Fraud and Corruption

(Text in this Appendix shall not be modified)

All parties must observe the highest ethical standards during procurement process and contract

execution. In this context, any corrupt, fraudulent, collusive, coercive, fraud or obstructive

actions taken by public officers, bidders, suppliers, contractors, and their subcontractors and

consultants for undue advantage are prohibited.

In pursuance of this policy, and for the purposes of this provision, the terms are defined as

follows:

a. Corruption is the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party.

b. Fraud is any act or omission, including a misrepresentation, that knowingly or

recklessly misleads or attempts to mislead a party to obtain a financial or other benefit

or to avoid an obligation.

c. Collusion is an arrangement between two or more parties designed to achieve an

improper purpose, including influencing improperly the actions of another party.

d. Coercion is impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to influence improperly the actions of

a party.

e. Obstruction is deliberately destroying, falsifying, altering, or concealing of evidence

material to the investigation or making false statements to investigators (auditor general

office reports) in order to materially impede an investigation into allegations of a


corrupt, fraudulent, collusive, or coercive practice; and/or threatening, harassing, or

intimidating any party to prevent it from disclosing its knowledge of matters relevant

to the investigation or from pursuing the investigation, or acts intended to materially

impede the exercise of inspection and audit rights.

A PE will reject a proposal for award if it determines that the bidder recommended for award

has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or

obstructive practices in competing for the contract in question.

A PE will forward the name of a firm or individual to the Authority recommending debarment,

if it at any time determines that the firm or individual has, directly or through an agent, engaged

in corrupt, fraudulent, collusive, coercive, or obstructive practices in procurement proceedings.

For the purpose of this section, bidding and proposal documents and contract agreements will:

a. Include a provision requiring bidders, suppliers, contractors and consultants to permit the

officials of the PE and other concerned Government officials to inspect their accounts and

records and other documents relating to the bid submission and contract performance and

to have them audited by designated auditors; and

b. Require bidders to provide an undertaking to observe, in competing for and executing a

contract, laws against fraud and corruption declaring that “the bidder undertakes that in

competing for and executing a contract, the bidder will strictly observe the laws against

fraud and corruption in force in FGS.

Section IX – Special Conditions of Contract 97

Section IX. Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement and / or amend the

General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein

shall prevail over those in the GCC.

GCC 1.1(i) The PE is: Ministry of Education, Culture & Higher Education, Federal

Government of Somalia

GCC 1.1 (n) Final Destination (Project Sectors):

Destinations Toyota Hardtop

Landcruiser SUV

2018/2019 or

equivalent

HARD TOP

DOUBLE CABIN

4WD 4.2L

DIESEL

Total

Destination 1

(CIP Galkacyo)

3 3

Destination 2

(CIP

Mogadishu)

5 1 6

Destination 3

(CIP Kismayo)

2 2

Total 10 1 11

GCC 4.2 The version edition of Incoterms shall be Incoterms edition 2015

GCC 5.1 The language shall be: English


GCC 8.1 For notices, the PE’s address shall be:

Attention:

Address: Ministry of Education

Floor/ Room number:

City: Mogadishu.

Country: Federal Government of Somalia.

Electronic mail address:

For notices, the Supplier’s address shall be:

Attention: [include name of Supplier or its representative]

Address: [insert address of the Supplier]

City: [Insert City of the Supplier]

Country: [Insert Country of the Supplier]

Electronic mail address: [insert email address of the supplier]

GCC 9.1 The governing law shall be the law of: Federal Government of Somalia

mailto:[email protected]


GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC

Clause 10.2 shall be as follows:

(a) Contract with foreign Supplier:

Any dispute, controversy or claim arising out of or relating to this Contract,

or breach, termination or invalidity thereof, shall be settled by arbitration

in accordance with the UNCITRAL Arbitration Rules as at present in force.

(b) Contracts with Supplier national of the Federal Government of

Somalia:

Any dispute, controversy or claim arising out of or relating to this Contract,

or breach, termination or invalidity thereof, shall be settled by arbitration

in accordance with the UNCITRAL Arbitration Rules as at present in force.

The number of arbitrators to the proceedings shall be three.

The appointing Authority shall be the Somali Chamber of Commerce

(SCCI.)

The seat of arbitration shall be in the Federal Government of Somalia.

The language to be used in arbitration shall be Somali.

The award rendered by the arbitrator(s) shall be final and binding and shall

be enforced by any Court of competent jurisdiction. The party seeking

enforcement shall be entitled to an award of all costs incurred including

legal fees to be paid by the party against whom enforcement is ordered.


GCC 13 The shipping and other documents to be furnished by the Supplier to the

PE shall be:

One (1) copy of the Supplier’s Delivery Note to be provided with

each delivery, which describes and lists the quantity of each

product delivered and certifies that products delivered comply with

the technical specifications; and,

One (1) copy of the Acceptance Certificate and associated Goods

Inspection Report, which, once signed by the appropriate

representatives of the PE, confirms the quantities of products

received, inspected and accepted by the PE;

The above document shall be received by the PE at the time of delivery of

the Goods and if not received the Supplier will be responsible for any

consequent expenses.

GCC 15.1 The unit prices charged for the Goods supplied and the related Services

performed shall not be adjustable.

However, the quantities required to be delivered to the Sector may vary

over time, in accordance with GCC 33.1. As a result, the price invoiced

may change as a result of changes in quantities but not changes in unit

prices.

GCC 16.1 Advance payment shall not be considered.

Payment for Goods and Services supplied shall be made in USD Dollars

as follows:

On submission of invoice following delivery and acceptance of all goods

supplied during the Contract: One hundred (100) percent of the Contract

Price, as adjusted by changes in quantities actually delivered and accepted,

shall be paid to the Supplier.


The Supplier must provide the following documents for each delivery

supplied to the PE:

A copy of the delivery note signed by an MOE representative who

received the goods

In addition, for each delivery of Vehicles,

the following documents must be provided:

A copy of the inspection report; and,

The acceptance letter signed by a second MOE representative, who

shall be, where possible, a MOE Finance Unit representative.

At the end of the Contract an invoice should be submitted showing the

quantities of each good delivered to each location and specifying the

payment due. The delivery documentation described above must be

attached to the invoice for each delivery that is included on the invoice.

The supplier will be paid within thirty (30) days after receipt of the above

documentation by the Purchaser associated with the respective deliveries

by the Purchaser.

GCC 18.1 A Performance Security shall not be required

GCC 21.1 Subcontracting without the prior written authorization of the PE is not

allowed

GCC 24.1 The Goods supplied under the Contract shall be fully insured against loss

or damage

GCC 25.2 Additional services to be provided are: N/A

GCC 26.1 The inspections and tests shall be conducted at each delivery of Vehicles,

These tests shall confirm the conformity of goods to the technical

specifications as stated in the Bidding Documents.

GCC 26.2 The inspections and tests shall be conducted at: Ministry of Education,

Culture & Higher Education

GCC 27.1 The liquidated damage shall be: 1 % per week

Note: The Maximum Percentage of Liquidated Damages shall be: 10 %


GCC 28.5 The period for repair or replacement shall be: within 30 days.

GCC 33.1 In addition to those changes specified in the GCC, the PE is also entitled

to increase or decrease the quantities of Vehicles by up to 30% the

quantities of Vehicles required, upon appropriate notice.



This Section contains forms which, once completed, will form part of the Contract. The forms

for Performance Security and Advance Payment Security, when required, shall only be

completed by the successful Bidder after contract award.

Table of Forms

Notification of Award - Letter of Acceptance .................................................................. 104

Contract Agreement ........................................................................................................... 105

Sample Forms ...................................................................................................................... 108


Notification of Award - Letter of Acceptance

[use letterhead paper of the PE]

[date]

To: [name and address of the Supplier]

Subject: Notification of Award Contract No. . . . . . . . . ..

This is to notify you that your Bid dated [insert date] for execution of the [insert name of

the contract and identification number, as given in the SCC] for the Accepted Contract

Amount of [insert amount in numbers and words and name of currency], as corrected

and modified in accordance with the Instructions to Bidders is hereby accepted by our

Entity.

You are requested to furnish the Performance Security within 28 days in accordance with

the Conditions of Contract, using for that purpose the of the Performance Security Form

included in Section X, Contract Forms, of the bidding document.

Authorized Signature:

Name and Title of Signatory:

Name of Entity:

Attachment: Contract Agreement


Contract Agreement

[The successful Bidder shall fill in this form in accordance with the instructions indicated]

THIS AGREEMENT made

the [insert: number] day of [insert: month], [insert: year].

BETWEEN

(1) [insert complete name of PE], and having its principal place of business at

[insert address of PE] (hereinafter called “the PE”), of the one part, and

(2) [insert name of Supplier], a corporation incorporated under the laws of [insert:

country of Supplier] and having its principal place of business at [insert:

address of Supplier] (hereinafter called “the Supplier”), of the other part:

WHEREAS the PE invited Bids for certain Goods and ancillary services, viz., [insert brief

description of Goods and Services] and has accepted a Bid by the Supplier for the supply of

those Goods and Services from the date of signature of the present agreement by both parties.

The PE and the Supplier agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of

this Agreement. This Agreement shall prevail over all other contract documents.

(a) the Letter of Acceptance

(b) the Letter of Bid

(c) the Addenda Nos._____ (if any)

(d) Special Conditions of Contract

(e) General Conditions of Contract


(f) the Specification (including Schedule of Requirements, which is comprised of the

List of Goods and Delivery Schedule; Technical Specifications; and, Inspection

and Tests)

(g) the completed Schedules (including Price Schedules)

(h) Sample Forms (including the Delivery Note, Goods and Inspection Report, and

Inspection Acceptance Certificate)

(i) any other document listed in GCC as forming part of the Contract

3. In consideration of the payments to be made by the PE to the Supplier as specified in this

Agreement, the Supplier hereby covenants with the PE to provide the Goods and Services

and to remedy defects therein in conformity in all respects with the provisions of the

Contract.

4. The PE hereby covenants to pay the Supplier in consideration of the provision of the

Goods and Services and the remedying of defects therein, the Contract Price or such other

sum as may become payable under the provisions of the Contract at the times and in the

manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with the laws of [insert the name of the Contract governing law country] on the

day, month and year indicated above.

For and on behalf of the PE

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation]

In the presence of [insert identification of official witness]

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier]

in the capacity of [insert title or other appropriate designation]


in the presence of [insert identification of official witness]


Sample Forms

Section X – Contract Forms 109

Acceptance Certificate

Contract: [insert: name of Contract]

To: [insert: name and address of Supplier ]

Date of Delivery:

Delivery Site:

Dear Sir or Madam:

Pursuant to GCC Clause 26 (Inspections and test) of the Contract entered into between

yourselves and the PE dated [insert: date of Contract], relating to the Supply and Delivery

of Vehicles to the Ministry of Education, we hereby notify you that we have accepted the

goods delivered to the Site mentioned above on the date mentioned above. Where required,

these goods have successfully completed the inspection tests specified in the Contract. In

accordance with the terms of the Contract, the PE hereby gives its approval for payment of the

goods delivered on the date mentioned above. This letter shall not relieve you of your

remaining performance obligations under the Contract.

For and on behalf of the PE

Signed:

Date:

in the capacity of: [Insert name and title]

Attachment: Goods Inspection Report, where required by SCC 26.

Section X – Contract Forms 110

GOODS INSPECTION REPORT

(to be attached to the Inspection Acceptance Certificate)

Supplier Name :

Supplier Address:

Contract Name :

Date of Delivery :

Place of Delivery:

No Description Test Results Comments Status

Accepted Rejected

Etc….

Description item of Total Quantity Received

Total Acceptable Quantity

Total Rejected Quantity

Total Returned Quantity

Total Amount Paid

Etc…

Date and Signature of Second MOE Representative (Finance Unit Representative where possible) Name Title

Date and Signature of MOE Representative: Name Title